Truck Accidents Caused by Impaired Driving in Pasadena
Driving while impaired is a dangerous choice for any motorist, especially commercial truck drivers. Unsurprisingly, alcohol and drug use impact a trucker’s ability to drive safely. Despite laws meant to protect the public, intoxicated driving contributes to a significant number of truck accidents every year.
Californians injured in tractor-trailer accidents due to impaired driving deserve to seek compensation and justice from the liable parties. The Law Offices of Pius Joseph can help you demand accountability for what you’ve endured. Contact us today for a free consultation with an experienced truck accident lawyer in Pasadena.
What Counts as Impaired Driving in Pasadena?
A truck driver may engage in impaired driving in several ways, primarily through alcohol and drug use before or during a work shift. California law and federal regulations impose strict limitations on drinking and driving for truck drivers. While 0.08 is the legal blood alcohol concentration (BAC) limit for most drivers, commercial drivers have their legal limit cut in half at 0.04 percent. Truck drivers may also face charges of driving under the influence if they have any detectable controlled substances in their system. Intoxication exposes drivers to criminal and civil liability if they cause a trucking accident.
Federal law prohibits truckers from consuming or being under the influence of alcohol within four hours of going on duty. These rules help ensure that drivers report for work sober. Truck drivers who violate these prohibitions can get suspended from service for 24 hours.
Trucking regulations also require trucking companies to implement a drug and alcohol testing program that includes initial testing upon hire, random testing, post-accident testing, and protocols for testing upon probable cause of intoxication.
Additionally, hours-of-service rules limit the number of hours a commercial truck driver can remain behind the wheel before resting. These limitations are set to combat truck driver fatigue, another common problem in the industry. Fatigue can cause impairments similar to drunk driving, though there is no law explicitly addressing drowsy driving in California.
The Dangers of Impaired Truck Driving
Truck drivers may consume alcohol or drugs to cope with long days on the road away from home. They may also use stimulants to stay up longer or combat fatigue, although chronic or high-dose consumption of stimulants has been shown to worsen rather than improve driving skills.
Like all drivers, drug and alcohol intoxication can significantly impair a trucker’s ability to control their rigs. But unlike commercial drivers, the everyday driver isn’t behind the wheel of an 80,000-pound truck. It takes extra planning to safely turn, make lane changes, and brake in a semi-truck. However, these maneuvers can be difficult for an impaired trucker because intoxication alters perception, slows reaction times, impairs judgment, and lowers inhibitions.
Sadly, stringent standards and harsh penalties are not always effective enough deterrents. Researchers have found truckers still drive while impaired. One study cited by the American Addiction Centers reported that 19 percent of truck drivers report binge drinking. Around 10 percent of drivers said they drank every day. A separate analysis in the Journal of Preventive Medical Hygiene found that 27 percent of truckers had a high rate of using stimulant drugs like amphetamines behind the wheel to enhance performance.
Who is Liable for Pasadena Truck Accidents Caused by Intoxication?
Typically, truck drivers bear responsibility for a collision they cause due to their drug or alcohol use. A trucking company may also bear vicarious liability for truck accident injuries caused by a driver’s intoxication if the carrier has an employer-employee relationship with the driver.
Even if a trucking company hires a truck driver as an independent contractor, it may bear direct responsibility for a truck accident caused by impaired driving if it fails to implement drug and alcohol policies (including random testing).
Why You Need a Pasadena Truck Accident Attorney
Although pursuing compensation after an 18-wheeler accident caused by an intoxicated truck driver may seem straightforward, truck accident victims go up against large insurance companies when they file injury claims. Hiring legal representation can give you the best chance of maximizing your financial recovery. Your truck accident claim will require substantial evidence to prove the driver’s impairment or that the truck company failed to adhere to mandatory trucking standards.
Potential evidence in an impaired driving case could include eyewitness testimony, traffic camera footage, toxicology test results, receipts, physical evidence, and truck company records. Some of that information can be difficult, if not impossible, to recover without an attorney’s help.
In addition, trucking companies sometimes hide, alter, or destroy proof of their negligence. The Law Offices of Pius Joseph can demand all records be preserved while your personal injury case proceeds.
Our full-service firm will also handle the details of preparing and pursuing your injury claim. We will:
- Conduct a detailed investigation to secure evidence of the driver’s intoxication and determine fault for the truck crash
- Identify all potential sources of compensation for you
- Calculate your past, ongoing, and future medical expenses and other losses
- File your claims and deal with insurance adjusters, trucking company representatives, and defense lawyers on your behalf
- Fight for a settlement that provides you with maximum compensation
- Take your case to court and trial if the trucker or trucking company refuses to accept liability or make a fair settlement offer
Contact a Truck Accident Law Firm in Pasadena Today
You deserve to recover money for the harm you suffered at the hands of an impaired trucker. Get the legal help you need to demand compensation and justice for your injuries and losses. Contact the Law Offices of Pius Joseph today for a free consultation with a Pasadena truck accident attorney.
