Truck Accidents Due to Alcohol or Drug Use

Truck accidents happen for many reasons, but often stem from the driver’s inability to maintain control over the vehicle due to changing circumstances or, in some cases, impairment. Under federal guidelines, commercial drivers cannot operate a vehicle with any use of alcohol or drugs. Yet, truck accidents due to alcohol or drug use still happen.

You need to know your rights when you are the victim in such a case, so be sure to speak with a truck wreck lawyer in Orange County today.

How Common Are Truck Accidents Due to Alcohol and Drug Use

In 2022, 5,837 large trucks were involved in accidents that resulted in deaths across the country, a 49% increase over the previous 10 years. Data indicates that about 6% of all fatal crashes involved a driver who tested positive for at least one drug or alcohol. For the family of those victims, the decision of the truck driver to get behind the wheel of the motor vehicle is devastating.

Determining if a Truck Accident Was Due to Alcohol or Drug Use by the Driver

One of the challenges in a case like this is proving that the at-fault party was intoxicated. In some situations, blood alcohol concentration testing is done at the scene of the accident or at the police station if law enforcement suspects the presence of alcohol or drug use. However, that information may not immediately be readily available to the injured party.

Even if the individual was not identified as being intoxicated or impaired otherwise, your truck accident attorney will work with you to determine the best possible strategy for determining if this was a factor. That may include:

• Requiring drug and alcohol testing results to be released
• Talking to witnesses about what they saw prior to the accident
• Gathering evidence from the scene that shows impairment, such as substances in the vehicle
• Looking at the driver’s past records of previous use
• Determining if the individual may have a substance use disorder through expert testimony

Your attorney will gather any information possible to help in this process. If you suspect there was use of substances, be sure to mention that to your attorney.

Truck Drivers Could Lose Their Licenses

Under the Federal Motor Carrier Safety Administration rules, DOT agencies across the country test drivers for alcohol and drug use randomly. If a driver fails that test or is arrested for driving under the influence, the driver can no longer operate a commercial vehicle. Employers can no longer allow these drivers on the roads, depending on the situation.

For that reason, if you are in an accident and a driver was impaired, you can expect insurance companies and trucking companies to work aggressively to prove that was not the case or to limit your access to such information. Having a truck accident lawyer could be critical in these situations to ensure you are not leaving compensation owed to you behind.

Setting Up a Consultation with a Truck Accident Lawyer Is Essential

Truck accidents due to alcohol and drug use can change the lives of victims in just a moment. If that has happened in your situation, seek legal guidance from DiMarco | Araujo | Montevideo to discuss your case privately at a free consultation.

Our legal team will provide you with insight into what your options are, as well as who may be accountable for the losses you incurred.