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DUI Truck Driver

Trucking Accidents Due To a DIU Truck Driver

If you are the victim involved in a DUI truck accident, it is vital to consult a DUI defense attorney or truck accident attorney to protect your rights. DUI accidents are inherently complex because, in addition to a criminal lawsuit against a DUI truck driver, you may also press a civil lawsuit, especially if the driver's insurance is inadequate to cover damages. A DUI truck driver resulting in a serious injury to another motorist is subject to felony charges. Contact the law offices of Gordon Elias & Seely, L.L.P. to discuss your legal options if you are a victim in a truck accident involving a DUI truck driver.

There are no valid excuses when a truck driver of a large commercial big rig gets behind the wheel. The dangers and consequences of anyone driving drunk are well documented, but when the large mass and weight of a commercial truck is added to the equation, it becomes a recipe for disaster. When you consider that semi trucks can sometimes weigh more than 80,000 pounds, other motorists on the road are at risk of becoming the victim involved in a truck accident. In many states professional truck drivers are held to a higher standard than motorists of passenger vehicles. For instance, drivers of passenger vehicles are considered legally drunk if they have a blood-alcohol content over .08 percent. In Maine a truck driver is consider DUI if his/her blood-alcohol content is over .04 percent. In other words: a commercial truck driver may only drink half the amount a regular motorist consumes to be considered legally intoxicated.

The Commercial Motor Vehicle Safety Act of 1986, and the Motor Carrier Safety Improvement Act of 1999, send a strong message to commercial truck drivers that DUI will not be tolerated. Commercial truck drivers are not to consume any alcohol four hours before getting behind the wheel of their big rigs. The consequence of a conviction for a major first offence is disqualification for one year from carrying a commercial driver's license. If the truck driver was carrying hazardous materials, he will be disqualified up to three years from carrying a commercial driver's license. A second offense results in a lifetime commercial driver's license disqualification. You would think these consequences would discourage any commercial truck driver from drinking while behind the wheel. Unfortunately the statistics show otherwise.

The National Highway Traffic Safety Administration (DOT HS-805-711),[29] published a document that is widely used in training officers to detect drunk drivers. Although the DUI Symptoms vary among drivers officers usually see a number of symptoms indicating DUI driving before pulling a suspect over.

  • Difficulty staying in proper lane by straddling center or lane marker
  • Turning with a wide radius
  • Weaving
  • Driving on other than designated roadway
  • Slow speed (considered more than 10 mph below limit)
  • Following too closely to another vehicle
  • Drifting
  • Stopping without cause or reason in traffic lane
  • Driving into opposing or crossing traffic
  • Braking erratically
  • Driving with the headlights off
  • Accelerating or decelerating rapidly
  • Signaling inconsistently with actually driving actions

Liability in DUI Trucking Accidents

Because the liability for a truck accident resulting from a DUI truck driver may extend beyond the driver, it is important for you to have an experienced truck accident attorney who can investigate to make sure that the driver's employer is not also liable. If the trucking company were aware that the driver was drinking or had failed to properly train or supervise the driver, they too would be liable under the legal term known as "negligent entrustment." DUI truck driver accidents often lead to complex cases where there are serious injuries suffered by other motorists. A DUI 18-wheeler accident typically involves serious injuries including spinal injuries, traumatic brain injuries or even fatal injuries. Since the insurance companies for the liable parties may try to settle the case quickly or even deny a victim's claim outright, you need an experienced truck accident lawyer who will fight for your rights and the compensation you deserve.  

Obtaining Legal Help for a Truck Accident Involving a DIU Truck Driver

Commercial truck accidents are potentially some of the most devastating wrecks on the highway. If you or someone you know has been involved in a serious truck accident due to a DUI truck driver, contact one of our experienced truck accident lawyers at Gordon Elias & Seely, L.L.P. Call toll free at 800 - 773 - 6770! There is no obligation, and you don't pay us unless you obtain compensation.

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The content of this website is provided for informational purposes only, and does not constitute legal advice. If you need help with a Truck Accident claim, consult an experienced trucking accident attorney from the law offices of Gordon Elias & Seely, L.L.P. by calling TOLL FREE: 800 - 773 - 6770 OR by filling out the Free Case Evaluation Form on this page.
Gordon, Elias & Seely, L.L.P.
1811 Bering Drive, Suite 300     Houston, TX 77057     Toll Free: 1-800-773-6770     Fax: 713-668-1980