The law holds commercial drivers to a higher standard when it comes to alcohol consumption. Because of the significant responsibility they have behind the wheel, it is critical that drivers operate without any impairment. When they do, call our drunk driving truck accident lawyer in Charlotte.
Shane Smith Law protects victims. We give you legal options and fight for you, building a strong claim backed by evidence. Our dedication to our clients is why we have recovered over $100 million in compensation for them. Request a free consultation with a Charlotte truck accident lawyer.
How to Learn if a Truck Driver Was Drunk
The challenge for victims of accidents caused by drunk truck drivers is proving it. If you suspect that the driver was not safely operating the vehicle before they struck you, report that information to the police officers at the scene so they can investigate. If you saw the driver consuming alcohol or they stated they were drinking alcohol before getting behind the wheel, report that.
Our team will seek additional evidence to prove they were impaired:
- BAC at the time of the accident. The police may have sought the driver’s BAC at the time of the accident, especially if they suspected alcohol or drugs were present. That information can be helpful to your case.
- Medical testing after the accident. In some situations, a more thorough lab workup will occur at the hospital after an accident. Your attorney will seek documentation of these results if there is suspicion of intoxication.
- Truck data. Although it may not constitute impairment, the driver’s actions behind the wheel can demonstrate a lack of safety. This includes speeding or reckless hard braking.
Your Charlotte drunk driving truck accident attorney will take any action possible to prove the driver was under the influence or otherwise in violation of their duty of care to you. We get to work on gathering this type of evidence as soon as possible to prevent it from being destroyed.
Speak with a Charlotte drunk driving truck accident lawyer, and get a free consultation today.
Call (980) 294-4931The Value of Your Truck Accident Claim
Your attorney will complete a full review of your case to fully understand your losses. We look at the current and future implications for your physical, emotional, and financial health resulting from others’ actions. Most claims include:
- All medical costs associated with the accident
- Any lost wages from missing time at work
- Loss of earning capacity if you cannot go back to the same job again
- Pain and suffering losses
- Emotional trauma and mental anguish
- Loss of quality of life after an accident
In some cases, we may also seek punitive damages on your behalf. This may mean that the court awards you additional funds that act as a form of punishment against the at-fault party. Expect our Charlotte personal injury lawyers to work hard to maximize your claim.
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Truck Drivers and Alcohol Use
To operate a tractor-trailer or other commercial truck, drivers must obtain a commercial driver’s license (CDL). One of the requirements for maintaining a CDL is following strict blood alcohol concentration (BAC) limits. Specifically, when operating a commercial vehicle, drivers cannot have a BAC exceeding 0.04%.
That is half as high as the restrictions on most drivers. The Federal Motor Carrier Safety Administration (FMCSA) also mandates a “four-hour rule” in which the driver cannot get behind the wheel of a truck within four hours of consuming alcohol (6.3.2 Alcohol (392.5)). This rule also helps minimize the risk of accidents caused by impaired drivers.
A zero-tolerance policy exists for all drivers on duty. That means that they cannot have a measurable or detectable amount of alcohol in their system, drink and drive, or be under the influence when they are on duty. If they do, they could face the loss of their CDL, fines, and jail time depending on the situation.
Fault in a Truck Accident Case Involving a Drunk Driver
It seems obvious that the truck driver is responsible for their actions when they are under the influence. Most of the time, they are at fault. However, there are times when other parties may also be at fault.
For example, if the trucking company employing the driver knew the driver was drinking or had a history of operating under the influence, and they still employed that driver, the company could be at fault to the victim. We may seek to prove this with evidence from witnesses to previous accidents or statements.
In addition, North Carolina’s dram shop laws may also apply. Under N.C. Gen. Stat. § 18B-305, if a commercial business sells or serves alcohol to someone who is visibly intoxicated, they could be held at fault for the actions of that driver. This is negligence, and it means you can also seek a legal claim against the location that served the truck driver.
Why Legal Guidance Is Critical
Drunk driving accidents devastate families. Large trucks make it even worse. We encourage you to speak to a lawyer in every case for several reasons:
- North Carolina’s pure contributory negligence rule can be devastating. Under this law, if you are found to be 1% at fault for the accident, you cannot pursue damages against the drunk driver.
- Your losses can be incredible. Many victims of these accidents suffer significant financial, physical, and emotional loss. You should never settle for less than they owe you.
- Insurance companies are aggressive. They want to protect the trucking company’s reputation at your expense.
Speak to our team about what happened to you today. Let us start by identifying your losses. You can expect our team to be aggressive in pursuing fair compensation in every situation.
Request a Free Consultation from Our Drunk Driving Truck Accident Attorney in Charlotte Now
Determine your rights by speaking with Shane Smith Law today. Our team works hard to build your case at no upfront cost. You only pay our attorney fees when you win your claim. Speak to your Charlotte drunk driving truck accident lawyer now to find out what your next move is.
