Semi-trucks specifically designed for commercial transportation are significantly larger than passenger cars because they need to be able to haul cargo over long distances. This means that big rig drivers require a higher level of skill and concentration to operate their vehicles safely because the massive size is harder to control and easier to lose control over. One of the simplest ways truck drivers can stay in control is to avoid driving under the influence of alcohol.
Unfortunately, some truckers will decide to consume alcohol before getting behind the wheel and put themselves and others at significant risk of being involved in a collision. If you have been hurt in a truck wreck, you may be entitled to recover compensation. The Law Office of David E. Gordon & Elissa M. Coombs helps victims of drunk driving truck accidents in Southaven seek the justice they deserve. An experienced lawyer at our firm can provide you with rigorous representation and advocate for your rights.
Federal Alcohol Rules For Commercial Drivers
A person’s level of alcohol intoxication is measured by their Blood Alcohol Content (BAC), which is the percentage of alcohol in their bloodstream. The higher the percentage, the more a person will have reduced reaction time, alertness, and impaired judgment, all of which are critical when operating a motor vehicle. For regular drivers, a BAC of 0.08 is considered legally intoxicated, and driving at this level can result in a citation for driving under the influence (DUI).
However, commercial vehicles are substantially bigger than standard cars, so drivers must be constantly aware of their surroundings to react in time to avoid a collision. Because of this, the Federal Motor Carrier Safety Administration (FMCSA), part of the United States Department of Transportation, has regulations governing commercial drivers’ actions and responsibilities regarding alcohol consumption.
The FMCSA expressly prohibits commercial drivers from consuming alcohol within four hours of going on duty. Being on duty is not limited to driving; it includes loading or unloading cargo and repairing their vehicle. In addition, the FMCSA has a lower BAC limit of 0.04 for truck drivers. Drivers found violating these regulations must be placed out of service for a minimum of 24 hours.
Alcohol consumption significantly increases the risk of truck crashes in Southaven, and unfortunately, not everyone follows the rules to abstain. Our board-certified lawyers can help injured clients pursue compensation.
Possible Compensation from a Truck Wreck
In addition to prohibiting commercial drivers from consuming alcohol, the FMCSA’s rules also prohibit employers from allowing their drivers to be on duty if they have reason to believe a driver has consumed alcohol within four hours. This means that the driver and their employer can be held responsible for injuries caused by an 18-wheeler crash.
Like other car crashes, an injured person could be entitled to recover monetary and non-monetary compensation. Monetary compensation is the dollar amount associated with the injuries, such as:
- Hospital bills
- Ongoing medical expenses
- Lost wages
Non-monetary compensation is a little more complex because it can be difficult to put a dollar amount on things like:
- Mental anguish
- The loss of enjoyment of life
- Pain and suffering
What compensation may be available depends on the severity of the injuries and other factors that a lawyer experienced with intoxicated truck wrecks in Southaven can help clients better understand. A knowledgeable attorney can also determine if the responsibility for the accident was on the driver, the employer, or both and pursue the maximum amount of compensation.
Talk to an Attorney in Southaven After a Drunk Driving Truck Accident
Commercial drivers must have a higher level of skill and awareness to operate their vehicles safely, and there are federal rules prohibiting the consumption of alcohol to prevent driving under the influence. Unfortunately, drunk driving truck accidents in Southaven can still happen and cause devastating injuries.
The Law Office of David E. Gordon & Elissa M. Coombs can help injured clients pursue compensation and provide dedicated representation against insurance companies or in court. If you have been hurt by a drunk truck driver, contact us to schedule a free consultation and learn about your legal options.