Savannah Truck Driver Impairment Lawyers Fight for Fair Compensation
Employing pivotal evidence to prove liability for truck accidents
Professional drivers are held to a higher standard of care than ordinary motorists. Because it requires far more skill to operate a big rig, the law demands a higher level of alertness. Alcohol, drugs, fatigue, illness and distraction can detract from a driver’s ability to react to circumstances on the road. At Owens & Mulherin in Savannah, our truck accident attorneys understand the role that driver impairment plays in accidents. We also know the weight that evidence of impairment carries in truck accident litigation. For these reasons, we thoroughly investigate truck accidents to determine the driver’s condition in the moments prior to the crash.
Liability of an impaired driver
The fact that a driver is impaired is not definitive proof that driver caused the trucking accident. However, studies show that impairment raises the likelihood of an accident. If, for example, an accident reconstruction expert asserts that a crash occurred because a semi-truck drifted into an adjacent lane, that drift is understandable in the context of impairment. Evidence of impairment also casts into doubt that driver’s account of events.
Proof in civil lawsuits only requires a preponderance of the evidence, meaning the injured party’s account of events is more likely true than not. This makes truck driver impairment a persuasive factor when deciding liability.
Common causes of truck driver impairment
It is rare for a truck driver to be impaired by alcohol while behind the wheel of a commercial vehicle. Statistics show this only occurs in about 4 percent of truck accidents.
Law enforcement can gather evidence of impairment only if a driver is arrested for DUI. Officers can then request chemical tests for alcohol and drugs in the system. A driver operating under a commercial driver’s license (CDL) can be convicted of DUI if their blood alcohol content is 0.04 percent or greater.
However, other forms of impairment are more prevalent, such as:
- Illicit drug use
- Fatigue, often from long hours of driving
- Untreated sleep disorders, including apnea
- Prescription and OTC medications, such as cold and allergy meds that induce drowsiness
- Distractions, such as cellphone use
Proving these other forms of impairment requires separate investigation by the accident victim’s attorney.
Legal standards and liability for an accident
Federal regulation of the trucking industry includes rules meant to control impairment due to fatigue. The Federal Motor Carrier Safety Administration (FMCSA) sets limits for hours of service, both behind the wheel and in other capacities before taking the wheel. If a driver can be shown to have violated those limits prior to the crash, there is a higher likelihood that fatigue could have caused a lapse in judgment or skill, leading to a crash.
Proving circumstances that suggest impairment can shift the burden of proof back to the truck driver, who must present evidence of an alternate cause for the crash.
Gathering evidence to bolster your case
Once we have filed a lawsuit, our team can use subpoena power to demand trucking company logs and cellphone records that might disclose impairment. Our investigation also involves the review of records, such as police reports, drug or alcohol test results, and electronic logging device (ELD) data. We also depose the driver and witnesses, who may have knowledge of potential impairment.
Contact our determined Savannah truck accident lawyers
Owens & Mulherin in Savannah provides highly professional personal injury representation for victims of truck accidents involving impairment. Call us today at 912-212-2100 or contact us online to schedule a free consultation.
Mr. Owens devotes his practice exclusively to representing plaintiffs in personal injury and wrongful death claims. His primary focus is automobile/tractor-trailer accidents, dog bites, slip/trip and falls, medical malpractice, injuries from dangerous products, job injuries and nursing home abuse. Before joining forces with Mr. Mulherin to open Owens & Mulherin in 2001, Mr. Owens worked…
Mr. Mulherin represents individuals in personal injury cases. His primary practice areas are automobile accidents, tractor-trailer collisions, medical malpractice claims and workplace injuries. Before forming Owens & Mulherin with Mr. Owens in 2001, Mr. Mulherin practiced at Bouhan, Williams & Levy, LLP, from 1984 - 2000, representing both plaintiffs and defendants in personal injury cases.…
