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.
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 taken seriously.
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.
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.
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.