As commercial trucks are both heavy and powerful, many state and federal laws impose restrictions and requirements to ensure that companies entrust these vehicles to safe drivers. Florida’s laws are no exception, but instances of truck driver drug and alcohol use can still slip through the cracks, resulting in truck accidents that injure or kill other motorists.
Trucking companies are usually responsible for their drivers’ negligence. Nevertheless, a Tampa truck accident lawyer from Mincone Personal Injury Lawyers will help you gather evidence to prove such negligence so you can seek proper injury compensation. If you’ve been injured in an accident with a truck driver under the influence of drugs or alcohol, contact us today at (813) 800-0810 for a free consultation in Tampa, Florida.
How Mincone Personal Injury Lawyers Can Help After a Truck Accident in Tampa, FL
Mincone Personal Injury Lawyers has handled hundreds of cases, successfully recovering millions of dollars in financial compensation for accident victims throughout Tampa, Florida,
In the event that you are injured in a preventable accident caused by someone else’s careless or intentional acts, our firm will assist you by doing the following:
- Discussing your injuries and educating you about your legal rights and options
- Gathering evidence that helps prove your case
- Pursuing an insurance claim with the at-fault party’s insurer
- Filing a lawsuit if we cannot resolve your case through negotiation
A truck accident involving drugs or alcohol can cause catastrophic injuries that permanently change your life. Do not hesitate to contact Mincone Personal Injury Lawyers to schedule a free consultation and learn how we can pursue compensation from those responsible for harming you.
DUI Truck Accident Statistics
According to the Federal Motor Carrier Safety Administration (FMCSA), truck accidents occur predominantly due to driver error and mechanical faults. However, a small percentage of these accidents result from drug or alcohol use.
Specifically, the following percentage of accidents involve truck drivers driving under the influence:
- 17% from over-the-counter drug use
- 2% from illegal drug use
- 1% from alcohol use
The Florida Highway Safety and Motor Vehicles Department reported 47,197 truck accidents in its a recent crash facts report. Assuming that the above percentages apply to the state’s total truck accidents, you can estimate that 9,400 commercial truck accidents resulted from drunk or drugged driving.
Liability for Truck Driver Drug and Alcohol Use
One of the important safeguards against impaired truck drivers is the FMCSA’s requirements for drug and alcohol testing; if a driver fails a test, they cannot drive.
These tests are administered several times during a trucker’s career, including the following occasions:
- During onboarding with a new employer
- After an accident
- Upon reasonable suspicion by the employer of drug or alcohol use
- Before reinstatement after a drug or alcohol suspension
- Randomly
Liability for impaired truck drivers typically falls to their employer. Thus, trucking companies are responsible for the employees who drive for them. Drivers who are independent owner-operators are self-employed, which means the business entity they form will be liable for their crashes.
In either scenario, liability for injuries rests on negligence law. Negligence refers to a party failing to exercise reasonable care under certain circumstances. In some cases, you’ll prove it by showing that the other party failed to follow laws and regulations. In others, you must show the party’s actions were unreasonably dangerous despite there being no law against them.
Some grounds for holding a company liable after a DUI truck accident are as follows:
Vicarious Liability
Employers are almost always liable for employee negligence; however, some trucking companies avoid hiring drivers as employees specifically to dodge liability for their actions. Nevertheless, companies that hire independent contractors may also be liable after a crash if they knew or had reason to know that the driver they partnered with had drug or alcohol issues.
Negligent Entrustment
Negligent entrustment occurs when a party knows (or should know) that entrusting a vehicle to a particular individual could pose a danger to other road users. For example, a trucking company would negligently entrust an employee or contractor if it allowed them to leave the warehouse despite being visibly impaired.
Similarly, a company may be held accountable for negligent entrustment if it hires or reinstates a driver with an unresolved addiction issue. Any record showing an ongoing problem with drugs or alcohol will often act as evidence of the company’s negligence.
Improper Testing
Employers must conduct tests that comply with the federal regulations. When a company fails to do so, it may be liable for impaired driving crashes. For example, evidence that the company failed to meet the federal testing requirements, falsified test records, or allowed tests under non-compliant conditions can help prove the company’s liability.
Contact Our Tampa, FL, Accident Lawyers for a Free Consultation
A trucking company may be responsible for any accident caused by its driver’s drug and alcohol use. Under Florida law, most personal injury claims must be filed within two years of the accident date. Act promptly to avoid losing your right to compensation.
Contact Mincone Personal Injury Lawyers for a free consultation to discuss your crash and the compensation a Florida truck accident lawyer can seek for your injuries.
