Law

How To Deal With A Truck Accident Caused By An Impaired Driver?

Truck Accidents Caused by Impaired Drivers - Dolan Dobrinsky Rosenblum  Bluestein, LLP

Heavy vehicles such as trucks are relatively difficult to operate and require a high level of skill and expertise to maneuver. The person behind the wheel must have a steady, clear mind and sound health. However, these obvious precautions are often not adhered to, and some irresponsible drivers must think twice before taking the wheel in an intoxicated state.

Such callousness often causes major road accidents that lead to severe personal injury, property damage, or, worst cases, fatality. If you were unfortunate enough to be in such a crash, you should immediately contact a truck accident lawyer in lehi. Only an experienced personal injury attorney can guide you and get fair compensation for your losses.

In cases of an accident caused by an impaired driver, you have a very short time to collect evidence of intoxication. Thus, time is of the essence here, and not a single day should be wasted.

What Evidence Can Help Your Case?

Experienced lawyers start collecting evidence of their client’s cases without any ado. These may include:

Drug Test Report:

As per laws, all commercial drivers must undergo a drug test right after a crash to detect any traces of alcohol or drugs. Your lawyer should inquire whether such a test has been conducted by the authorities at the accident site and collect the reports at the earliest.

Medical Records:

After the vehicle’s driver, which has been in a crash, has been transported to the hospital following the crash, various tests and medical procedures are conducted. The reports of such tests are essential and can make or break a case.

Study any Indications of Intoxication:

Certain tell-tale signs might indicate that the driver was intoxicated during the crash. For example, an impaired driver would have been driving erratically, changing lanes frequently. Such evidence can be obtained by checking the footage of nearby cameras or interviewing eyewitnesses at the time of the crash.

EDR Data:

EDR refers to Event Date Recorder. It is a ‘black box’ installed in most commercial vehicles and is analyzed in the event of a crash to gain insights about the cause of the accident.

Drug Testing Rules:

Truck drivers are prohibited from consuming alcohol within four hours before operating a commercial vehicle. If any driver is found to have violated the said rule, then he must be removed from duty for the next 24 hours. If a driver refuses to undergo a breath test, his CDL (Commercial Driving License) can be suspended for an entire year.

As per Federal laws, alcohol and drug tests must be conducted on the following occasions:

  1. Before employment as a commercial vehicle driver
  2. After an accident. Such a test must be conducted within 8 to 32 hours of the crash.
  3. On reporting to duty
  4. As and when the authorities feel appropriate

5-panel Testing System:

Intoxication tests are conducted to measure traces of the following substances in the bloodstream of a driver:

  1. Marijuana
  2. Opiates
  3. Cocaine
  4. Phencyclidine (PCP)
  5. Amphetamines

Any driver who ventures out on the road in his vehicle is responsible for his own life and the lives of those around him. Therefore, it is expected that he should be driving with caution and in a good state of mind and health. You should claim compensation if you have been the victim of a car crash due to someone’s negligence.