You may be wondering what to do if a truck accident has left you or a loved one with life-threatening injuries or even death. Injuries sustained from a collision with a large truck or being struck by one may entitle you to financial compensation. The statute of limitations for making a claim after a truck accident is one example of how state laws might differ. When a commercial truck driver causes an accident due to intoxication, it’s crucial that the injured party or their family learns about their options for seeking compensation.
Typically, intoxication or drug use comes to mind when we contemplate drivers who are impaired. Although commercial truck drivers getting behind the wheel after drinking alcohol or other drugs can lead to accidents, drowsy driving can have similar outcomes in some situations. The National Sleep Foundation published a study demonstrating that driving when sleepy is equally risky as drinking and driving.
Talk to a lawyer that specializes in Philadelphia, PA train accident attorney if you have questions regarding your rights and possible courses of action following an accident.
Freight truck drivers and the law
The Federal Motor Carrier Safety Administration (FMCSA) recommends a BAC level of 0.04% for a drunk truck driver, and most states have followed this standard. However, each state has its own regulations defining the threshold BAC level for commercial truck drivers. In other words, commercial truck drivers who possess a commercial driver’s license (CDL) are held to a stricter standard than the general public who are driving vehicles on the road.
Commercial truck drivers are expected to agree to tests to identify whether they have been driving under the influence, and the FMCSA has lowered the blood alcohol concentration (BAC) level for impaired driving to help enforce this policy. For a finer point, the FMCSA specifies that:
Those with a commercial driver’s license (CDL) “consent to any test required by any State or jurisdiction in order to enforce the requirement of being under the influence of alcohol. On duty, in the operation of a commercial motor vehicle, or in the physical control of one, who has been measured for alcohol concentration or detected for alcohol presence.
Consequently, a commercial driver who has been drinking and who refuses to submit to a test to ascertain whether or not that drinking has affected his or her ability to drive is breaking the law.