People who drive while impaired by alcohol cause accidents. Nationwide, 28 percent of all accidents involve people impaired by alcohol, defined as having a blood alcohol content (BAC) of 0.08 or higher. In Georgia, the percentage is slightly higher, at 29 percent. Consumption of alcohol causes impaired judgment, slowed reflexes, and lack of concentration, all factors that can contribute to an accident. If you have been involved in a truck accident speak with the skilled truck accident attorneys at Brauns law to discuss compensation.
Regulations on Truck Driver Drinking and Driving
Because of the overall risk that drinking poses to driving, alcohol consumption on the part of truck drivers is regulated by several methods.
- First, commercial truck drivers should be regularly tested for the presence of both alcohol and drugs in their system, per Federal regulation. People and companies who hire commercial truck drivers to work for them are responsible for informing the drivers of the testing requirement and making sure it is carried out.
- Second, drunk driving laws are even more strict for commercial truck drivers than they are for ordinary driers. A commercial truck driver can be arrested for driving under the influence (DUI) of alcohol in Georgia with a BAC of just 0.04, or half the 0.08 level that determines drunk driving for other drivers. Effectively, that means any truck driver who drinks an amount that can cause a 0.04 BAC runs the risk of an arrest for a DUI.
- Third, an arrest for a DUI can be grounds for losing a commercial driver’s license (CDL) in Georgia. All drivers of commercial trucks that weigh more than 26,001 pounds must obtain and hold a valid CDL to operate these vehicles legally. Because of this law, losing a CDL can effectively mean being barred from driving a commercial motor vehicle (CMV).
A truck driver arrested for a DUI or showing a BAC of 0.04 or greater will have their CDL revoked for a minimum of one year at the first offense. If they are placarded for driving hazardous materials, the minimum rises to three years.
If an arrest for a DUI or a BAC of 0.04 occurs a second time, the loss of the CDL will be for life.
Truck drivers will also lose their CDL for at least one year if they drive a CMV under the influence of alcohol or drugs (regardless of a BAC) or refuse to have a BAC test performed.
Drivers also face revocation of their CDL if they leave the scene of an accident, commit a felony while driving, cause a fatality through negligent driving or other operation, or drive when their CDL is suspended. In other words, if a driver is impaired by alcohol or causes a fatal accident or other harm while driving, there are laws in effect to sanction the actions.
How Great a Problem Is Drinking While Operating a Commercial Truck?
Both Federal mandates and Georgia law, then, work to ensure that commercial truck drivers are incentivized not to drink while driving.
In fact, some observers think that other factors pose an even greater threat to the safe operation of a commercial truck. Fatigue and sleepiness, for example, is known to be a greater danger for truck drivers than for drivers of other types of vehicles. Drivers must work as long as 11 hours without breaks, even given Federal regulations on the hours worked. Some companies may pressure their drivers to work when they are drowsy or fatigued. Truck drivers often work at night, and may have difficulty obtaining good quality sleep during the day.
As a result, the use of substances and stimulants that keep drivers awake and seemingly alert may be a greater danger than alcohol. The Federal Motor Carrier Safety Administration (FMCSA) conducted a study of large truck crashes that named prescription drug and over-the-counter medication abuse as possible factors associated with truck accidents, but did not name alcohol specifically. It did acknowledge, however, that alcohol is involved in every type of accident.
That said, truck drivers should not use either alcohol or other substances before or while driving. Use of either is dangerous both to the drivers and the public.
How Will I Know if Drinking Caused a Truck Accident?
How do people know if drinking caused a truck accident?
Truck accidents should be reported to law enforcement, leading to the filing of a police report. Law enforcement will interview the drivers involved in an accident. Noticing the signs of alcohol and other impairment is part of their training.
If law enforcement officers have probable cause to suspect impairment through alcohol or other substances, they may administer a test of breath, blood, or urine, or utilize field testing to determine if a driver is impaired. Field tests allow law enforcement officers to assess whether drivers can conduct certain tasks and actions that are very difficult for people under the influence of alcohol to perform.
If you are in an accident, get a copy of the police report. If you see a truck driver display any signs of drinking, such as an impaired gait or slurred speech, mention it to the police. If you notice any signs that drinking may have occurred, such as a beer can or the smell of alcohol, mention that to the police as well.
What Should I Do if I’m in an Accident Where the Driver Was Drinking?
In any accident, you should see to your own safety and health first. Go to a doctor for treatment of your injuries as soon as possible.
Next, obtain a copy of the police report. If you are severely injured and need to be transported via ambulance to a hospital, get a copy of the police report as evidence of who and what caused the accident as soon as possible.
If you are injured but do not need to be transported via an emergency vehicle, you should also get a copy of the police report as soon as possible. Exchange contact information with all other drivers, so you have their insurance information and address. If you have a smartphone with you, take pictures and video of both the accident scene, the vehicles, and your injuries as soon as possible. All of this constitutes important evidence.
If another driver or another party, such as the trucking company, was at fault for the accident, you could have the right to compensation for your injuries. Contact an experienced truck accident attorney to learn more.
