Truck Accidents Involving Alcohol and Drug Use
According to the National Institute on Drug Abuse, more than 31 million people drove after drug or alcohol abuse in 2013. The dangers of driving under the influence of alcohol or drugs are well known. When someone is impaired, he or she will suffer from slower reaction times, lapses in judgment, and the inability to properly focus on the road. Truck accidents involving alcohol and drug use are particularly dangerous because commercial trucks are much bigger than the average vehicles driven by Memphis residents. Thus, trucking accidents usually cause serious injuries. At Nahon, Saharovich & Trotz, our Memphis truck accident lawyers can help you assert your rights against a large trucking company whose employee drove while impaired. As the largest plaintiff’s personal injury law firm based in Tennessee, we have the resources needed to investigate your wreck, hire appropriate experts, and conduct the necessary discovery.Truck Accidents Involving Alcohol and Drug Use in Memphis
If an impaired truck driver collides with your car, the trucker may face immediate repercussions. For starters, the police could arrest the driver for driving under the influence (DUI) or driving while intoxicated (DWI). While those charges will be handled in criminal court, the driver can still face civil liability for the victim’s injuries caused by the collision. A truck accident lawyer in Memphis can obtain relevant evidence from the defendant’s criminal case to assist your civil case for damages.
Driving drunk or driving while intoxicated is normally sufficient proof of negligence, which, under Tennessee law, is a failure to act reasonably under the circumstances. Under Tennessee law, the blood alcohol concentration (BAC) for DUI is .08% to higher. However, the Federal Motor Carrier Safety Administration (FMCSA) has enacted its own standard of .04% or higher for a driver who is required to hold a commercial driver’s license (CDL) and is operating a commercial vehicle.
You may be able to hold the trucker’s employer accountable for a truck accident involving alcohol and drug use. Under federal law, 49 CFR § 382.603, supervisors of commercial truck drivers must undergo special training seminars on symptoms of alcohol abuse and symptoms of controlled substance abuse. By completing this training, supervisors should be able to identify indicators of alcohol or substance abuse so that the employee can be referred for testing when appropriate. Trucking companies should make sure that drug testing requirements are made available to all employees, including management, supervisors, and drivers. If a driver had a history of multiple DUI convictions, but the trucking company hired him anyways, the company could be liable for negligent hiring if the driver causes a wreck while driving drunk.Tell Our Memphis Attorneys About Your Trucking Accident Case
Trucking accident cases can be complex. In addition to proving the individual driver’s negligence, you may need to show that the employer violated federal regulations in order to obtain full recovery for your injuries and losses. Our Memphis truck accident lawyers can assist you in gathering the evidence and proof needed to assert your case. Nahon, Saharovich & Trotz has a team of 33 lawyers and over 120 staff members, and we have represented people hurt in truck accidents involving alcohol and drug use for more than 25 years. We serve people in Memphis, Nashville, Knoxville, Chattanooga, Jonesboro, Little Rock, Jackson, Meridian, Tupelo, Columbus, Grenada, Starkville, Oxford, Hayti, and Caruthersville, as well as other communities in Tennessee, Arkansas, Mississippi, Missouri, and Kentucky. Call our office toll-free at 1-800-LAW-4004 or complete our online form to schedule a free consultation with one of our motor vehicle collision lawyers.