Commercial truck drivers are subject to more rules and regulations than those placed on other drivers travelling the road. Because of their size and weight, trucks impose a bigger danger to others when involved in an accident. Although no driver is allowed to operate a vehicle under the influence of alcohol, truck drivers are held to an even stricter standard when it comes to driving drunk. Unfortunately, not all drivers adhere to these rules, leading to dangerous, and sometimes deadly, drunk driving truck accidents. Miami truck accident lawyer Robert Dixon of the Law Offices of Robert Dixon helps injured parties who have been involved in a collision involving a drunk truck driver pursue legal claims against those responsible. Injuries that result from these types of accidents can be severe and life-altering, requiring extensive medical treatment and long-term care, which is accompanied by the costs associated with such. Our firm is dedicated to making sure victims of these accidents pursue the financial assistance they need to deal with such recovery efforts. We represent clients throughout South Florida, including Miami-Dade, Broward, and Palm Beach Counties. If you need legal assistance following a truck accident that you believe was caused by a drunk driver, please contact our office to speak with an attorney today.
Florida Drunk Driving Truck AccidentsUnder Florida state law, a person is guilty of driving under the influence (DUI) if he or she has a breath or blood alcohol concentration (BAC) of .08 or more. However, interstate trucking regulations established by the Federal Motor Carrier Safety Administration (FMCSA) state that a truck driver is under the influence of alcohol if he she has a BAC of .04, which is half the limit under state law for most other drivers. This stricter standard is imposed because truck drivers under the influence of alcohol, or any type of drugs, are much more likely to severely injure others in a motor vehicle accident.
Federal regulations also require that employers test any truck drivers for alcohol or controlled substances as soon as is possible in the aftermath of a truck accident. However, if tests are not administered within 8 hours following an accident, they are invalid. Trucking companies are also required to maintain records with any reasons these tests could not be performed. When a truck driver is found to have been under the influence, he or she is disqualified from operating a truck for one year following a first-time conviction. If a trucking company disregards this disqualification or fails to run background checks for prior DUI citations before hiring a driver, that company can be held accountable for accidents and injuries that result. Drivers themselves are also responsible for the harm they cause to others by driving drunk.
Suing for NegligenceThose injured in a drunk driving truck accident may file a personal injury suit against those who have acted negligently in causing the accident. Negligence exists when a defendant has breached an owed duty of reasonable care to another, causing injuries, and resulting in damages. Operating a truck under the influence of alcohol is considered ‘negligent per se’ which means ‘negligent as a matter of law,’ since a driver has violated a law intended to protect the safety of those on the road. Additionally, a trucking company that fails to follow proper protocols in running background checks or hiring drivers, and which therefore employs a driver with a history of drunk driving who then causes a DUI accident may also be found negligent. Once the proper parties have been deemed negligent, victims may be awarded compensation for past or future medical expenses, lost income, diminished earning capacity, as well as pain and suffering damages associated with their injuries. If you’ve been injured in a drunk driving truck accident, it is wise to consult a knowledgeable attorney as soon as possible to ensure proper evidence is collected and your legal rights are preserved.
Lawyers for Truck Accident Victims in MiamiSuffering a serious injury or losing a loved one in a truck accident is a devastating experience. Although no amount of money can make up for either of these losses, it is still important to make sure those who have caused such harm are held liable. Truck accident attorney Robert Dixon and his staff at the Law Offices of Robert Dixon offer compassionate and experienced legal representation for those affected by a truck driver under the influence of alcohol. If you have questions regarding your legal options in the aftermath of a drunk driving truck accident, please call 877.499.4878 or contact us online today to schedule a free, no obligation consultation about your potential claims. We represent clients in areas including Miami, and West Palm Beach.