Were you injured in a truck accident involving a driver who was under the influence of drugs or alcohol in Shreveport, Louisiana? Desiah Injury Lawyers can help you understand your legal options and pursue compensation for your injuries. Call (318) 252-3034 today for a free consultation with a Shreveport truck accident lawyer.
Truck drivers operate large, heavy vehicles that require constant attention and careful control. When an impaired truck driver causes a crash, injured victims may have grounds to seek compensation from the driver and other responsible parties.
Why Choose Desiah Injury Lawyers After a Truck Accident in Shreveport, LA?
Desiah Injury Lawyers represents people injured in truck accidents in Shreveport, LA. Attorney Travis Desiah provides personal attention, direct communication, and legal guidance throughout the claims process. Our Shreveport truck accident attorney can investigate whether drugs or alcohol played a role in your accident and help you pursue compensation from those responsible.
Clients in Shreveport, LA, choose the firm because Attorney Desiah offers:
- 12 years of personal injury experience
- Millions of dollars recovered for injured clients
- Membership in the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum
If you suspect a truck driver was impaired when your accident happened, contact us to schedule a free consultation with a Shreveport personal injury attorney.
What Are the Federal Drug and Alcohol Rules for Truck Drivers?
Federal law places strict limits on drug and alcohol use by commercial truck drivers. These rules are meant to keep impaired drivers from operating large trucks and putting others on the road at risk.
Under federal regulations, commercial truck drivers generally must:
- Avoid operating a commercial motor vehicle with an alcohol concentration of 0.04 or higher
- Refrain from drinking alcohol within four hours before going on duty or operating a commercial vehicle
- Avoid using alcohol while performing safety-sensitive duties
- Avoid using prohibited controlled substances, including marijuana, while performing safety-sensitive duties
- Follow federal drug and alcohol testing requirements, including testing before employment, at random, and after certain accidents
- Complete the required return-to-duty process after a drug or alcohol violation before resuming safety-sensitive work
Employers also have duties under federal law. Trucking companies subject to these rules must maintain drug and alcohol testing programs and remove drivers from safety-sensitive work when certain violations occur.
How Do Drugs and Alcohol Affect a Truck Driver’s Ability To Drive Safely?
Driving a large commercial truck requires attention, good judgment, and the ability to react quickly. Alcohol and certain drugs can affect these skills, making it harder for a truck driver to respond to traffic and road hazards.
Drug or alcohol impairment can affect truck drivers in several ways, including:
- Slowing reaction times when traffic suddenly stops
- Making it harder to judge speed and distance
- Reducing attention to nearby vehicles and changing road conditions
- Affecting coordination and vehicle control
- Increasing the risk of unsafe lane changes
- Making it harder to stay alert during long trips
- Leading to poor decisions at intersections or in heavy traffic
- Increasing the risk of drifting out of a lane or leaving the roadway
The effects can depend on the substance, the amount used, and the driver. Some prescription and over-the-counter medications can also cause drowsiness or other side effects that make driving unsafe.
How Can You Prove a Truck Driver Was Under the Influence?
A truck driver may deny using drugs or alcohol before an accident. Even when impairment is suspected, proving that the driver was under the influence and that it contributed to the crash may require a detailed investigation.
Evidence that may help establish impairment includes:
- Police accident reports
- Drug and alcohol test results
- Statements from eyewitnesses
- Body camera or dashcam footage
- Traffic or surveillance camera recordings
- Medical records and toxicology reports
- The driver’s drug and alcohol testing history, when legally available
- Trucking company records
- Electronic logging device data
- Accident reconstruction evidence
Federal regulations require drug and alcohol testing after certain commercial truck accidents. However, not every crash triggers mandatory testing, and test results may not always be available.
An attorney can investigate the accident, request relevant records, and determine what evidence may help establish the driver’s impairment and its role in causing the crash.
Who Can Be Held Liable for a Truck Accident Involving Drugs or Alcohol?
More than one party may be responsible for a truck accident involving an impaired driver. Liability depends on how the crash happened, the driver’s employment relationship, and whether other parties contributed to the accident.
Potentially liable parties may include:
- The truck driver: A driver who operates a truck while impaired and causes an accident may be held responsible for the resulting injuries.
- The trucking company: An employer may be liable for a driver’s actions while performing job duties. A company may also face liability for its own negligence, such as failing to follow applicable drug and alcohol testing requirements.
- Other responsible parties: Depending on the circumstances, another business or individual whose negligence contributed to the accident may also be held liable.
A trucking company’s responsibility is not limited to whether it knew the driver was impaired. Under Louisiana law, employers may be held liable for negligent acts committed by employees while performing their job duties.
Schedule a Free Consultation With Our Shreveport Truck Accident Lawyer
If you suspect a truck driver was under the influence of drugs or alcohol when your accident happened, Desiah Injury Lawyers can investigate the crash, review available evidence, and help you determine who may be responsible for your injuries.
You will work directly with Attorney Desiah and receive personal attention throughout your case. He can handle communications with insurance companies while you focus on your recovery. Contact the firm today to schedule a free consultation with our Shreveport truck accident attorney.