Do You know if the Truck Driver was Impaired?
Trucks, semis, big rigs, 18-wheelers.
There are a bunch of names for these commercial vehicles, but they all mean the same thing. They are vehicles that are usually much larger than a passenger vehicle, and their purpose is to provide a service. Because of their size, job, and the fact that they’re on the road for many more miles than the average motorist, professional drivers have a bigger responsibility to make sure that they are staying safe.
But what if you’re in a wreck with a truck? What if the truck driver was impaired at the time of the crash? Do you know how to prove the driver wasn’t operating at full capacity? Do you know how to show that they acted negligently, and you’re entitled to compensation that will help you heal completely?
Herbert Law Group is on your side, so you can focus on healing.
Impaired Driving in the Trucking World
Drugs and alcohol both affect how our brains function and our bodies react. We all know that we shouldn’t be drinking and driving, but many people believe in a bit of a gray area when it comes to drugs. After all, you need those prescription drugs to help combat illness and disease right?
Both illicit (those that are illegal) and prescription drugs can cause impaired driving and lead to deadly results. When a driver doesn’t have full control over his or her body (mentally or physically) then they are considered to be impaired.
Because truck drivers have a great responsibility than passenger motorists, their legal limit for a blood alcohol concentration is .04% (half the legal limit for passenger vehicle drivers).
But how do we know if the driver was impaired?
How to Prove a Truck Driver was Impaired
In most cases, if there was a crash involving a big rig, sobriety tests are administered. When and who gives the test, however, vary depending on what happened in the crash.
Any accident where someone died, the trucking company must test the driver as soon as possible after the accident. The same goes for if someone got injured and the truck driver was cited, or if one of more vehicles needed to be towed from the scene and the truck driver was cited. You can see the whole chart the FMCSA website.
Drivers can must also be tested before their employment begins, and they can randomly be tested throughout their career.
Impaired can also mean Sleep Deprived or Distracted
Most people differentiate between impaired by drugs or alcohol and impaired by distraction or fatigue. But for many legal definitions, impairment is whenever you don’t have full control over your mind or body; something that happens when you’re staring at a phone or suffering from lack of sleep.
Electronic logging helps to monitor and ensure that drivers aren’t on the road for more than the legally allowable hours. Tracking devices can show when the crash happened and when the text messages (or other messages) were sent.
Discovering how, when, and why the driver is impaired can get to be rather labor intensive and cumbersome. And that’s not something you want to be doing while you’re injured and recovering from a crash.
Herbert Law Group is on Your Side to prove the Truck Driver was Impaired
Because the legal world after a wreck can be downright confusing, Herbert Law Group is here to help.
With experience in these situations in the past, and thorough understanding of the laws around professional drivers, we can help you receive the compensation that you need in order to focus on recovering from injuries sustained in the wreck.