When Truck Drivers Under the Influence Cause Accidents

When Truck Drivers Under the Influence Cause Accidents

Fully loaded 18-wheelers can weigh up to 80,000 pounds. Compare this to a standard passenger vehicle weighing an average of 3,000 pounds. You don't need to do the math to understand that even low-speed truck accidents can result in life-altering injuries. Truck drivers need commercial driver's licenses (CDLs) to operate tractor-trailers for a reason. They're dangerous even when truckers drive safely. When mixed with drugs and alcohol, large trucks become deadly. If a truck driver seriously injured you or a loved one while under the influence, contact a local truck accident lawyer with experience handling DUI cases immediately.

Accidents Caused When Truckers Drive Under the Influence

Semi-trucks cause unique, and often catastrophic, accidents because of their weight and multiple axles. When truckers lose muscle control and coordination, it often results in the following devastating large truck crashes.

Rollover

Overcorrection, which occurs when drunk drivers drift and then overturn the steering wheel, often results in large truck rollovers. Rollovers occur when the overcorrection forces the tractor to tip onto its top or side, often blocking multiple lanes of traffic. Many tip-over accidents happen on major highways and result in fatalities.

Jackknife

Jackknifing occurs when the tractor and trailer slip out of alignment, preventing the truck driver from controlling the trailer. The truck then forms an 'L' or 'V' shape, suddenly blocking traffic. Driving under the influence may result in jackknifing when the driver hits the brakes too hard after a delayed response to stimuli, such as a red light. This sudden braking causes the tractor to stop but forces the trailer to swing outward, resulting in devastating injuries.

Rear-End

Semi-trucks need air brakes because of their greater stopping power. They also need to keep a more substantial stopping distance between themselves and forward vehicles to prevent rear-end crashes. When you're rear-ended by a large truck, it sends a tremendous amount of force through your body. Many fatal brain injuries, such as diffuse axonal injuries, occur when passengers' heads are suddenly thrust forward by the crash force. Drunk driving often results in rear-end truck crashes because alcohol reduces the truck driver's ability to process stimuli, such as the vehicle in front of it, and multitask. There's a delayed processing time between when the trucker sees the front vehicle, comprehends they must respond, and then actually hits the brakes. Alcohol impairs all reasoning and muscle movement, often resulting in fatal rear-end collisions.

Tire Blowout

Truck drivers must periodically stop, check, and, if necessary, replace commercial tires due to the immense weight they must bear. Drivers frequently fail to stop at certain milestones or perform close inspections when they're impaired by prescription drugs during long-haul trips. This can result in tire blowouts, causing the truck to spin or jackknife.

Underride/Undercarriage

When a truck driver loses control of his vehicle due to drunk or drugged driving, it often results in sudden braking or unexpected drifting. Trucks that drift across lanes of traffic frequently do so on an angle, exposing the trailer. Smaller cars may get trapped under the side or rear of the trailer, which often results in car fires and crushing injuries.

Catastrophic Injuries Sustained in Tractor-Trailer Collisions

Large truck accidents, especially those resulting from impaired driving, often cause catastrophic injuries. The most common serious injuries sustained in DUI truck crashes include the following:

• Paralysis: Substantial crash force can permanently damage the central nervous system, which sends signals from your brain through the spinal cord and to the rest of your body. If you broke your neck or back in a large truck crash, this often results in paraplegia or quadriplegia. A dedicated catastrophic injury attorney can recover damages for the cost of long-term treatment, home modifications, medical equipment, and lost income associated with paralysis.
• Traumatic Brain Injury (TBI): Most head injuries sustained in large truck crashes are considered severe. Victims often experience cognitive, emotional, and physical symptoms, and some might end up in long-term comas or unresponsive states. Truck accident lawyers can help family members recover damages for loved ones in such cases.
• Multiple Disc Herniations: Truck accident victims often experience slipped or ruptured discs in the spinal cord. Slipped discs impinge on your nerves, causing pain, tingling, and weakness in the arms and legs. These painful injuries, though not paralyzing, may result in long-term disabilities.
• Amputations: Underride accidents often crush the front end of smaller vehicles, trapping drivers and front-seat passengers. This can result in crushed femurs and ankle bones, necessitating amputations.
• Third-Degree Burns: The crash force associated with speeding trucks, which often results when drunk truck drivers lose inhibition, can cause sudden explosions. Many victims die of smoke inhalation, while others suffer from third-degree burns. Truck accident lawyers can help burn victims recover needed financial compensation for necessary cosmetic procedures, which insurance often denies.

Many injuries resulting from DUI crashes cause long-term disabilities. Experienced personal injury attorneys often work with expert medical and occupational witnesses to calculate the lifetime medical costs and lost income associated with catastrophic trauma. This allows truck accident law firms to settle commercial insurance claims now without leaving money on the table. The nature of large truck accident injuries, especially those resulting from impaired driving, is also why federal law requires trucking companies to carry high-value insurance policies.

Federal Motor Carrier Safety Administration (FMCSA) Laws Applicable to Commercial Motor Vehicles

In the United States, the Federal Motor Carrier Safety Administration (FMCSA) is responsible for overseeing and regulating the commercial trucking industry. Long-haul truck drivers frequently traverse multiple states when making deliveries, meaning federal as well as state law can hold truck drivers liable for driving under the influence of drugs or alcohol. You should work with a law firm that has experience litigating claims involving the following federal truck driver regulations.

Drug and Alcohol Testing and Monitoring Laws

All drivers operating vehicles requiring CDLs, including 18-wheelers or buses, are required to undergo periodic drug and alcohol testing. Drivers must also take mandatory drug and alcohol training courses, as long-haul truckers are prone to increased drug and alcohol abuse. Truck drivers often suffer from severe back pain from sitting in the same position for hours and absorbing deiseal engine vibrations. They must also frequently sleep in uncomfortable sleeper births and motels while dealing with stressful delivery deadlines. These factors increase the likelihood that truck drivers will require prescription pain, sleep, and anti-anxiety medications. Additionally, many truckers turn to alcohol to ease the stress of being away from home for long periods.

Most DUI laws cover driving under the influence of controlled substances, such as prescription drugs and alcohol. If the controlled substance impacts the driver's ability to operate the truck, this qualifies as driving under the influence. Experienced attorneys may immediately request drug and alcohol testing after a large truck accident and demand prior testing records from trucking companies. Law enforcement agencies often obtain blood work from truck drivers after serious crashes, and experienced lawyers can review these results to determine if any drugs were in the trucker's system when the collision occurred.

Hours of Services (HOS) Regulations

Fatigued driving is almost as dangerous as driving under the influence. Further, alcohol causes drivers to feel relaxed and may contribute to drowsy driving accidents. The FMCSA imposes strict hours of service (HOS) regulations applicable to commercial truck drivers and requires drivers to keep detailed hourly logs. These regulations include the following:

• 14-Hour Driving Window: Once coming on duty, drivers only have a 14-hour window before they must take 10 hours off duty.
• 11-Hour Driving Limit: With limited exceptions for traffic and weather conditions, drivers are only permitted to drive a total of 11 hours during the 14-hour window.
• 30-Minute Breaks: Truck drivers must take at least a 30-minute break for every 8 hours driven.
• 60/70 Hour Limit: Truckers can only drive for a total of 60 or 70 hours in a 7- or 8-day work week before they must take 34 hours off duty.

Experienced truck accident lawyers will immediately request driver logs to determine whether fatigued driving contributed to the crash.

Minimum Commercial Insurance Requirements

Large truck accidents often result in serious chain-reaction crashes and catastrophic injuries. As a result, the FMCSA requires truck owners to insure each truck above state passenger-vehicle minimums. Federal minimum commercial liability insurance for freight trucks is set between $750,000–$5,000,000 depending on the cargo transported. Experience attorneys can settle your claims within policy limits by demanding compensation for the following:

• Hospital and surgical costs
• Doctors' bills
• Rehabilitation expenses
• Home nursing fees
• Medical equipment costs
• Medications
• Home modifications
• Household help
• Lost income
• Lost workplace benefits
• Pain and suffering

You're entitled to demand damages for both past expenses and future anticipated losses when a truck driver under the influence causes an accident. However, commercial insurers often lowball claimants who aren't represented by counsel. Do not accept any money from a commercial insurer, however tempting, without speaking with a dedicated truck accident lawyer near you. If the crash involved drugs or alcohol and related FMCSA violations, an attorney can demand substantial compensation for you and your family.

Holding Truck Drivers and Trucking Companies Liable for DUIs 

Truck accident attorneys can hold truck drivers and trucking companies legally responsible for federal regulatory violations and breaking state DUI laws under a legal theory called negligence per se. This legal cause of action often allows injured claimants to obtain quicker insurance settlements if the evidence, such as high BAC readings, clearly indicates a legal violation caused the accident. Attorneys can also hold truck drivers liable for the accident under state negligence and reckless driving laws, triggering commercial liability insurance.

Because truckers are generally working when truck accidents occur, your lawyer can also hold his employer liable for damages as a matter of law. The trucker's employer can also be directly liable for your injuries if it failed to perform necessary drug and alcohol testing or was on notice regarding the driver's addiction. Experienced attorneys will demand all testing and employee records to determine whether you can demand additional damages from the trucking company, not just the truck driver.

Retain an Experienced Truck Accident Lawyer

Commercial truck accidents involving DUIs, even without associated criminal charges, are life-changing events. They often result in devastating mass casualty events, leaving families with significant medical bills and lost income. Because both state and federal legal regulations apply to these cases, you should work with a law firm with experience handling high-value commercial liability insurance claims.

A dedicated advocate can demand compensation for damages from the trucker's insurer under multiple legal theories. They can also obtain compensation from a negligent trucking company for failing to perform mandatory drug tests or overworking its employees. If you suffered an injury when a truck driver under the influence caused an accident, you can obtain legal help without any upfront fees or out-of-pocket costs. Do not take on commercial insurers alone. Call an experienced DUI truck accident attorney immediately.