Commercial truck drivers provide an important service, as they transport goods across the country. All truck drivers must carry a special commercial driver’s license (CDL) and follow federal regulations that are more stringent than those for other drivers, including the limit for alcohol consumption while driving.
The effects of a truck accident can be devastating, not just for the motorists involved but also for the families of the victims. If you have questions about compensation for drunk driving truck accidents in West Jordan, Kramer Injury Law could help. Our semi-truck wreck attorneys could address your concerns and advise how best to pursue damages for your or a loved one’s injuries after an accident.
Legal Blood Alcohol Limits for Truckers
The National Highway Traffic Safety Administration released statistics showing that nationally, one-third of fatal road accidents involve impaired drivers. Most states have adopted a legal blood alcohol content (BAC) limit of 0.08, but Utah has imposed a limit of 0.05, the lowest in the country.
But under federal and Utah law, any driver with a CDL who operates a commercial motor vehicle, including transport trucks, cannot record a BAC of 0.04 or above. Most commercial trucking companies randomly test their drivers for drug and alcohol consumption. However, law enforcement officers investigating an accident will test a trucker at the scene if they observe them slurring their words, walking unsteadily, or smelling of alcohol.
Truck drivers are subject to harsh penalties if they cause an accident by driving while drunk. These penalties may include:
- Fines
- Criminal charges
- Loss of employment
- Loss or suspension of their CDL
If you have sustained injuries in a truck crash caused by a drunk driver in West Jordan, you could recover damages through a personal injury lawsuit against the driver and the trucking company that employs them.
How Is Compensation Awarded?
The larger and heavier a commercial truck is, the more likely you are to suffer severe injuries in the event of a crash. These injuries can include:
- Multiple broken bones
- Severe burns
- Damage to the spinal cord, back, and neck
- Damage to internal organs
- Loss of limbs
- Traumatic brain injuries
Following a truck accident in West Jordan, your attorney must prove that the drunk driver and, by vicarious liability, the corporate trucking company, were negligent. A jury then assesses your potential damages by considering your present and future medical bills, loss of current and future income if you cannot return to work, and any emotional and psychological trauma suffered as a result of your injuries.
Negligence and Negligence Per Se
Negligence is the failure of a truck driver and their employer to uphold their duty to transport goods in a manner that ensures the safety of those sharing the road, causing a legally foreseeable accident. For instance, drunk drivers are more likely to cause crashes; therefore, a trucker driving under the influence of alcohol in West Jordan knowingly risks causing a vehicle collision with other road users.
Negligence per se is a type of negligence that relies on a person breaking the law. For example, a truck driver who receives a ticket for drunk driving will automatically be at fault because they broke the law. In cases of negligence per se, plaintiffs only need to prove that a truck accident occurred and that they suffered harm as a result.
Contact a West Jordan Attorney After a Collision With a Drunk Truck Driver
Busy highways can be dangerous if you encounter a negligent truck driver. The effects of a collision with a commercial truck can be devastating for motorists and their families. At Kramer Injury Law, our knowledgeable lawyers fight to obtain fair compensation for victims of drunk driving truck accidents in West Jordan.
While Utah allows four years from the date of the crash for you to file a suit, we recommend seeking legal help as soon as possible. Contact a member of our team to schedule a consultation today.
N/a