Knoxville Truck Accidents Involving Alcohol and Drug Use
Any person who operates a motor vehicle while under the influence of alcohol or drugs puts every person around them at great risk. Alcohol and drugs can impair concentration, perception, judgment, motor function, and other skills necessary to operate a vehicle safely. These impairments not only increase the likelihood that the driver will be involved in an accident, but they also increase the chances that the crash will occur at high speed and that the driver will not attempt to reduce the severity of the impact by taking evasive action. In the context of truck accidents involving alcohol and drug use, the size and weight of such vehicles cause the danger and potential for serious injury to multiply. If you have been injured in a truck accident involving alcohol or drugs, the Knoxville truck accident attorneys at Nahon, Saharovich & Trotz want to help you pursue the compensation that you deserve. As the largest personal injury law firm based in Tennessee, we have a wealth of knowledge and resources that we can use to assist you in pursuing damages.Recovering for Your Injuries After a Truck Accident Involving Alcohol and Drug Use
Similar to other motor vehicle crash cases, recovery for injuries sustained in a trucking accident usually requires the injured person to show that the truck driver was negligent in causing their injuries. To do so, the injured person must gather proof sufficient to establish the legal elements of negligence under the law of Tennessee: duty owed to plaintiff, breach of duty, causation, and damages. Once negligence has been established, the injured victim can recover damages including, but not limited to, medical bills, pain and suffering, and lost wages.
In truck accident cases involving alcohol and drug use, proof that the truck driver was under the influence at the time of the accident will generally be sufficient to establish negligence on the part of the truck driver. In fact, for cases involving alcohol, the truck driver’s intoxication may be negligence per se if the truck driver’s blood alcohol concentration (BAC) was above the legal limit – 0.08% or higher under Tennessee law and 0.04% or higher under regulations promulgated by the Federal Motor Carrier Safety Administration (FMCSA) for drivers who hold a commercial license and operate a commercial vehicle. Federal trucking regulations will apply to interstate truck drivers, many of which operate tanker trucks , delivery trucks, flatbed trucks, and tractor-trailers.
Sometimes, the trucking company that employs the at-fault truck driver can also be held liable for truck accidents involving alcohol and drug use. Under the doctrine of vicarious liability, the trucking company may be liable for the truck driver’s actions if the intoxicated driver was otherwise acting within the course and scope of his employment. Trucking companies may also be liable under other doctrines, such as negligent supervision and negligent hiring, depending on the facts of the case. For instance, if a trucking company hired a driver who had received multiple DUI citations from the Knoxville Police Department in the previous two years, but did not conduct a background check that would have revealed the employee’s criminal history, negligent hiring could be asserted if the trucker later caused a wreck while under the influence of alcohol.Seek Advice from an Experienced Knoxville Attorney
If you have an 18-wheeler accident case that you would like to discuss with a Knoxville lawyer, contact Nahon, Saharovich & Trotz today. Our firm has been assisting accident victims with their claims for over 30 years, and we have recovered more than $1 billion in compensation for our clients. We serve personal injury victims throughout Tennessee, Mississippi, Arkansas, Kentucky, and Missouri, including in Knoxville, Nashville, Memphis, Chattanooga, Jackson, Oxford, Tupelo, Starkville, Grenada, Meridian, Columbus, Little Rock, Jonesboro, Hayti, and Caruthersville. Call us toll-free at 800-LAW-4004 or reach out to us using our online form to schedule a free consultation with a semi-truck crash lawyer.