Los Angeles Truck Driver Under the Influence Accidents
If you get injured in a truck accident where the truck driver was under the influence of alcohol or drugs, you have rights. The truck driver could face not only criminal charges for drunk driving in California, but also civil liability for your injuries and various losses. Learn your legal rights by consulting with an experienced truck accident attorney in Los Angeles.
California’s DUI Laws for Truck Drivers
Driving under the influence, or DUI, is prohibited under California Vehicle Code § 23152. DUI refers to operating a motor vehicle while under the intoxicating influence of drugs and/or alcohol. The law states, in part:
- (a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
- (d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle.
- (f) It is unlawful for a person who is under the influence of any drug to drive a vehicle.
Under state law, operating a large truck or another commercial motor vehicle with a blood alcohol concentration (BAC) level at or above 0.04 percent is illegal. This is half the legal BAC for noncommercial drivers (0.08 percent) in California. The BAC is reduced for commercial drivers due to the dangerous nature of these larger and heavier vehicles.
Federal Laws Against Driving a Truck Under the Influence
Truck drivers in Los Angeles also have an obligation to abide by federal laws that are in place prohibiting them from intoxicated driving. 49 Code of Federal Regulations 392.5 states: “Drivers are forbidden to consume or be under the influence of alcohol within four hours of going on duty or operating a CMV.” Drivers are prohibited from operating or being in physical control of a commercial motor vehicle while under the influence of alcohol.
The Dangers of Drunk Driving By Truckers
Driving under the influence is a significant risk in the trucking industry. Truck drivers are responsible for operating large and dangerous big rigs. Impairment by drugs or alcohol can have a significant effect on the truck driver’s ability to safely control the truck.
An intoxicated truck driver may make dangerous mistakes such as tailgating other drivers, weaving in and out of multiple lanes, running red lights and stop signs, and speeding. These actions increase the risk of truck rollovers, jackknife accidents and multivehicle crashes.
Who Is Liable?
If an intoxicated truck driver is at fault for a truck accident in Los Angeles, the trucking company can often be held vicariously liable. Vicarious liability is a legal doctrine that holds employers legally responsible for the actions of their on-duty employees. Federal law makes trucking companies liable for most accidents caused by their drivers, even if the driver is an independent contractor.
To hold a trucking company liable and recover financial compensation for your losses as a DUI truck accident victim in Los Angeles, you or your personal injury lawyer in Los Angeles will have to prove fault. Evidence available to support this type of claim may include a police report, DUI conviction, trucking company employment and driver logs, the driver’s intoxication reports, and eyewitness statements.
How an Attorney Can Help
Trucking companies often have aggressive legal teams and insurance providers that are highly experienced at avoiding liability for accidents. To protect your legal rights and get the best outcome possible for your truck driver under the influence accident case, contact an attorney for assistance and representation. The truck accident attorneys at Rose, Klein & Marias, LLP offer free consultations.