Meridian Truck Accidents Involving Alcohol and Drug Use
Meridian Attorneys Fighting for Victims of 18-Wheeler Crashes
Booze It and Lose It. Stay Alive, Don’t Drink and Drive. These well-known slogans highlight the dangers of driving under the influence of intoxicating substances, and they apply to all drivers – including those who operate big 18-wheelers and tractor-trailers. Truck accidents involving alcohol and drug use can cause significant injuries to those involved. If an intoxicated or impaired truck driver has caused you to suffer harm, call Nahon, Saharovich & Trotz to speak with one of our Meridian truck accident lawyers. Our large regional law firm has the experience and resources to handle your case from start to finish.
Dangers of Operating a Truck in Meridian Under the Influence of Alcohol and Drugs
It is well know that driving under the influence of drugs or alcohol is dangerous. However, every day impaired drivers get behind the wheel and put others at risk. In 2016, it was estimated that 20.7 million people aged 16 or older drove under the influence of alcohol, and 11.8 million drove under the influence of illicit drugs. Impaired drivers often experience slower reaction times, lapses in judgment, and the inability to properly focus on the road. Impaired truck drivers pose a substantially increased danger to those around them due to the sheer size and weight of the big-rigs they are driving. Common injuries resulting from large truck accidents include paralysis, brain damage, broken bones, and even death.
Truck Accidents Involving Alcohol or Drug Use in Meridian
Most truck drivers and their employers are regulated by the Federal Motor Carrier Safety Administration (FMCSA). Under the FMCSA, several policies are in place regarding substance abuse that both the driver and the employer must follow before the driver is allowed to operate a truck. For example, under the FMCSA, employers are required to perform sufficient background checks and conduct alcohol and drug abuse screenings when appropriate. Failure to do so could place the trucking company directly liable for any accident their employee caused due to intoxicated driving.
Under Mississippi law, it is against the law to operate a motor vehicle with a blood alcohol concentration (BAC) of .08% or greater. For commercial drivers, that percentage is lowered to .04%. If a truck driver is found to be impaired after an accident occurs, both criminal and civil actions can be taken against him. Criminal charges for driving under the influence (DUI) or driving while intoxicated (DWI) could be levied by the Lauderdale County District Attorney’s office.
Victims of DUI truck accidents possess a private right of action against the truck driver and/or the employer in civil court. For a civil action to proceed, you will need to show that the truck driver or trucking company acted in a negligent or reckless manner. This is usually established by proving the following four elements:
- Duty owed to victim
- Breach of duty
- Actual damages
All truck drivers have a legal duty to drive safely on the road. They could breach that duty by driving while impaired or drunk. In order to recover for the injuries you have sustained, you will have to show that the truck driver’s impaired driving caused the accident to happen. For example, if a truck driver had been drinking at a bar for several hours, got into his truck, and swerved into your lane of traffic on Interstate 20, it could be proven that his intoxication caused him to veer from his lane and crash into you. Lastly, you will have to show that you suffered damages as a result. Our truck accident attorneys can help Meridian accident victims document their losses in an effort to recover full compensation under the law.
Hire an Experienced Truck Accident Attorney to Protect Your Interests
Truck accidents involving alcohol or drug use are often complex and require in-depth investigation and legal analysis. In order to ensure that you are being adequately protected, it is important to hire a law firm that is experienced in handling trucking accident cases. At Nahon, Saharovich & Trotz, our Meridian attorneys can investigate the crash on your behalf, which could include visiting the scene, retaining experts, and gathering evidence. We represent injured victims all across Mississippi, Tennessee, Arkansas, Missouri, and Kentucky. Call our office toll-free at 800-529-4004 or complete our online form to schedule a free consultation with one of our truck wreck lawyers today.
Most car accidents are preventable and occur as a result of errors by one or more drivers. To prove liability, you will need to establish by a preponderance of the evidence that the driver owed you a duty of care, which was breached, and that your injuries resulted from the driver’s carelessness. Damages that may be available in these cases often include medical expenses, lost income, mental anguish, loss of consortium, and pain and suffering.
Truck drivers are required to follow numerous detailed regulations, including rules related to hours of service, keeping a logbook, and maintenance procedures. Many of these regulations are intended to protect other people on the road from harm. In some states, if a driver violated a law that was enacted to protect the public, the violation can create a rebuttable presumption of negligence. Trucking companies are also required to follow a number of regulations, including rules related to background checks of drivers and proper supervision. They often may be held directly or indirectly liable for a truck accident.
The Social Security Administration (SSA) evaluates applications for disability benefits. Although many people pay into this system throughout their lives, many legitimate claims are initially denied, and this process may be less straightforward than claimants expect. The SSA uses a five-step sequential evaluation to determine whether to grant benefits to an applicant. Each step is considered in a set order. We can present your case in a persuasive manner and help you appeal a denial of a meritorious claim if needed. This could include representing you in a hearing before an administrative law judge.
Workers’ compensation functions slightly differently in each state. In Tennessee, for example, businesses that employ five or more employees must carry workers’ compensation insurance. If you are injured on the job, you may recover benefits, such as medical costs and disability. Neither your employer’s nor your own culpability for your injuries will prevent you from collecting these benefits. However, it may still be a struggle to obtain benefits from your employer’s insurer. We can help you navigate this challenging process.
If you were harmed by a health care professional’s failure to use the appropriate level of care in providing treatment to you, you may be able to recover compensation. Most medical malpractice lawsuits require retaining an expert to determine the accepted standard of care and explain what the defendant did that fell short of this standard, as well as how the inappropriate conduct caused the patient’s injuries.
When you buy a toy, car, medication, or other product, you do not expect to be hurt. If you are injured, you may have grounds to file a product liability lawsuit. There are three types of defects that may be actionable: manufacturing, design, and marketing (also known as failure to warn). Manufacturers may be held accountable under multiple different theories, including strict liability, negligence, breach of warranty, and concealment. For example, if you take a drug that causes you to develop cancer, but you were not told that a potential side effect of the drug was developing cancer, you may have grounds to hold the manufacturer strictly liable for its failure to warn you of the risk.
Nursing home residents are often elderly or disabled, and thus they are especially vulnerable to neglect, physical abuse, and exploitation by staff members. Unfortunately, many nursing homes are understaffed or employ staff members who are inadequately trained to deal with potentially frustrating situations. Nursing homes are required to protect their residents from physical, mental, and emotional harm by providing a safe environment, as well as adequately training and supervising staff. A failure to do so may be grounds for a nursing home negligence lawsuit for damages.
Property owners have a duty to keep their property reasonably safe. In most situations, this includes an obligation to inspect the property for dangerous conditions and fix them or provide warnings about them so that visitors are not harmed. One type of dangerous condition, which may present a particular problem in apartment complexes or shopping centers, consists of inadequate security measures such as broken locks, poor lighting, or a lack of security guards. A failure to take security measures when appropriate may allow third-party criminals to assault, rob, rape, or otherwise harm visitors and tenants. You may be able to recover damages if you can prove that the defendant knew or should have known about a history of attacks similar to yours and taken appropriate security measures to reduce the risk of further incidents.
Consult a Personal Injury Lawyer in Memphis or the Surrounding Regions
If you are dealing with a devastating injury or medical condition, the Memphis personal injury attorneys at Nahon, Saharovich & Trotz can evaluate and explain your options. Our firm has 30 attorneys and more than 100 staff members, and we serve injured people in many areas of Tennessee, Mississippi, Arkansas, Missouri, and Kentucky, including Memphis, Nashville, Knoxville, Chattanooga, Jonesboro, Little Rock, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Hayti, and Caruthersville. Contact our office toll-free by calling 800-529-4004 or by completing our online form to set up a free consultation with a personal injury, workers’ compensation, or Social Security Disability lawyer. Once you have learned more about our vigorous advocacy for the rights of the injured, you will realize that NST is the way to go.