Substance Abuse & Truck Accidents
Las Vegas Truck Accident Attorney
The Federal Motor Carrier Safety Administration (FMCSA) imposes strict
standards on drivers of commercial motor vehicles (CMVs). Unfortunately,
despite these regulations, thousands of truck drivers every year drink
and drive while on the job. Many times, these acts of negligence cause
accidents and even deaths. If you were involved in a truck accident that
was caused by an intoxicated truck driver, consider calling a
Las Vegas truck accident attorney at Shook & Stone today. Our extensive experience in the area of personal
injury claims can be used to your advantage.
Blood Alcohol Level Standards for Truck Drivers
Truckers are actually subject to stricter regulations when it comes to
driving under the influence, which only makes sense, considering that these trucks can weigh upwards
of 80,000 pounds when fully loaded. An accident with a truck this large
and a passenger vehicle can be devastating, so drunk truck driving is
According to the FMCSA,
The FMCSA has established 0.04% as the blood alcohol concentration (BAC)
level at or above which a CDL commercial motor vehicle operator who is
required to have a CDL is deemed to be driving under the influence of
alcohol and subject to the disqualification sanctions in the Federal regulations.
Most States have established a BAC level of .08% as the level at or above
which a person operating a non-commercial motor vehicle is deemed to be
driving under the influence of alcohol.
It shouldn't take an accident to recognize that a trucker is driving
under the influence of drugs or alcohol. Any driver on the road, if they
notice irregular driving patterns similar to that of intoxication, can
call law enforcement to report. Law enforcement is always on the lookout
for drunk drivers so that they can pull them over because their negligence
causes an accident.
Who is held liable in truck accidents?
If the truck accident is indeed caused by a driver who has a BAC of .04
percent or higher, then the truck driver can be held liable. In some cases,
the truck driver's employer could also be held liable. According to
FMCSA standards, employers must be notified if their driver has been arrested for DUI.
Commercial truck drivers are not qualified to drive and their employers
must be notified if their license has been suspended, revoked, or canceled.
Employers are not permitted to use a truck driver who has more than once
license or who has been disqualified from driving. Violations can result
in civil or criminal penalties.
The employer cannot work for the company as a driver if their license is
suspended or revoked. All employers are required to investigate their
employees' and potential hires' work history to learn of any DUIs
within the prior ten years. If an employer knowingly hired a driver who's
license was revoked, or retained an employee after a serious violation
such as a DUI, then the employer may be held liable for an ensuing accident as well.
Choose a Las Vegas Truck Accident Injury Lawyer from Shook & Stone
At Shook & Stone, we take our jobs seriously. We understand what a
devastating impact a truck accident can have on a life. These accidents
are incredibly tragic, considering they are completely preventable. Our
aim as attorneys is to hold negligent parties accountable for their actions
so that our clients can make a complete recovery. We help victims of commercial
truck accidents across Las Vegas and throughout Nevada. We can review
your case for free to let you know of the legal options available to you.
Take action today!
If you would like to learn more about personal injury representation,
please contact our firm.