Alcohol impairs judgment, reduces coordination, and slows reaction times, making driving under the influence extremely hazardous for anyone, and particularly truck operators. Due to the larger and heavier size of these vehicles, crashes due to impairment often result in catastrophic consequences. By law, truck drivers have a lower allowable blood alcohol content level at 0.04 percent, half of what is allowed for regular motorists. This makes it more likely that blood alcohol tests could be used as strong evidence in a personal injury case.
LaCourse Law has experience handling these devastating cases for our clients, and our truck collision lawyers could put that experience to use for you to pursue justice and compensation for the harm you have suffered. Call our office to schedule an appointment and get help after a drunk driving truck accident in Tulsa.
The federal government strictly regulates the trucking industry and commercial drivers, and serious violations, such as operating the vehicle while intoxicated, result in severe penalties. Further, the action is negligent, and Tulsa civil courts hold drunk drivers financially accountable for the damages caused by their recklessness after a truck accident.
The Federal Motor Carrier Safety Administration governs the industry, specifically 49 Code of Federal Regulations Part 382, which covers Substances and Alcohol Use and Testing, and it mandates a practical zero-tolerance approach while on duty. While the maximum allowable blood alcohol content is 0.04 percent, even that amount can trigger a 24-hour, immediate out-of-service order. Testing above that level will escalate the event to full violation status.
All truckers are subject to mandatory testing conducted by their employers under a Department of Transportation-compliant testing program. That includes pre-employment, random, post-accident, and reasonable-suspicion alcohol and drug testing. Refusal is a violation equivalent to receiving positive results.
Establishing that a semi-truck driver in Tulsa is liable for the damages caused by the DUI collision requires an attorney to help you build a case showing that the elements of negligence are present. Those include duty of care to drive safely and avoid harm to other motorists, violation of that legal duty, causation, and actual damages.
Evidence, such as the police officer’s report and citation records, will satisfy the first two components. The third causation requires us to prove their actions were the proximate cause of the wreck, which resulted in your injuries and other losses. For the damages element, our team could gather evidence to prove your financial losses, including medical records, hospital bills, witness statements, and expert testimony from medical professionals.
The statute of limitations to file a personal injury lawsuit for vehicle crashes is two years from the date of your injury. While the court may grant an extension in some cases, missing the deadline typically means your action is permanently barred.
In a truck crash claim, you can typically pursue two main categories of damages. The first is economic damages, which are the easily calculable losses you have suffered, such as:
Non-economic damages are intangible losses, including physical pain and emotional distress, disability, disfigurement or scarring, and loss of the enjoyment of life. Our Tulsa lawyers at LaCourse Law are seasoned in cases involving drunk driving truck crashes and can help you through each step of the process and advocate for the best possible outcome and maximum settlement.
You have every right to hold a negligent and reckless truck driver fully accountable for your damages and losses if they caused you harm. While drinking and driving is dangerous for everyone, the size and weight of tractor-trailers make it particularly catastrophic in the event of a crash.
Our qualified lawyers are experienced in handling cases arising from drunk driving truck accidents in Tulsa and can take the stress and legal work off your shoulders, guiding and supporting you throughout the process. Call today to learn more and schedule a consultation.
(918) 744-7100