Were you injured in a truck accident involving a driver who was under the influence of drugs or alcohol in Indianapolis, IN? Wilson Kehoe Winingham Injury Lawyers can help you pursue compensation from the parties responsible for the crash.
Contact us today at (317) 920-6400 to schedule a free consultation with an Indianapolis truck accident lawyer.
Drug and alcohol use can seriously impair a truck driver’s ability to operate a commercial vehicle safely. Federal regulations restrict drug and alcohol use by commercial drivers and require testing in certain circumstances.
When a driver or trucking company violates safety rules, evidence of those violations can become important in an injury claim.
Why Choose Wilson Kehoe Winingham Injury Lawyers After an Accident in Indianapolis, IN?
Wilson Kehoe Winingham Injury Lawyers has represented injured individuals and families for decades. Our Indianapolis personal injury lawyers have the experience and resources to handle complex truck accident claims.
When you choose our firm for help in Indianapolis, IN, you benefit from:
- 124 years of combined legal experience
- Recognition from Best Lawyers in America and Super Lawyers
- Extensive experience handling personal injury claims in Indiana
Truck accident cases can involve large trucking companies, insurers, and many types of evidence. Our legal team has experience dealing with these issues and protecting the rights of injured people.
Contact our Indianapolis truck accident lawyers today to schedule a free consultation.
What Drug and Alcohol Rules Apply to Commercial Truck Drivers?
Commercial truck drivers must follow strict federal rules on drug and alcohol use. The Federal Motor Carrier Safety Administration (FMCSA) prohibits covered drivers from operating commercial vehicles under the influence of certain drugs or with an alcohol concentration of 0.04 or higher.
Federal regulations require covered drivers to undergo drug and alcohol testing in specified circumstances. For example, employers generally must receive a negative drug test result before allowing a covered driver to operate a commercial motor vehicle.
These rules help keep impaired drivers off the road. If a driver or trucking company breaks a safety rule, the violation may help show what led to an accident.
How Can Drug or Alcohol Use Cause a Truck Accident?
Driving a commercial truck requires focus, good judgment, and quick reactions. Drugs and alcohol can affect these skills and make it harder for a driver to respond to dangers on the road.
An impaired truck driver may:
- React too slowly to stopped traffic
- Drift out of a travel lane
- Misjudge stopping distances
- Miss traffic signs or signals
- Make unsafe turns or lane changes
- Speed or drive erratically
- Fall asleep or lose focus behind the wheel
A short delay in a truck driver’s reaction can have serious results. Large trucks often need more time and distance to stop than smaller vehicles. This can make it harder for an impaired driver to avoid a crash.
Truck accidents can cause severe or fatal injuries. Drivers, passengers, motorcyclists, bicyclists, and pedestrians may all be at risk when a truck driver is impaired.
Can a Trucking Company Be Liable for a Driver’s Drug or Alcohol Use?
The truck driver may not be the only party responsible for a drug- or alcohol-related accident in Indianapolis, Indiana. The trucking company may also be responsible in some cases. Its actions before the accident can be an important part of the investigation.
For example, a trucking company’s conduct may become relevant if it:
- Failed to conduct required drug or alcohol testing
- Allowed an unqualified driver to operate a commercial vehicle
- Ignored signs of a driver’s drug or alcohol use
- Failed to properly supervise a driver
- Allowed a driver to keep working after a disqualifying violation
A trucking company is not automatically liable because a driver used drugs or alcohol. The facts must show whether the company’s actions or failures played a role in the crash.
What Evidence Can Help Prove Drug or Alcohol Use After a Truck Accident?
Several types of evidence may help show that drugs or alcohol played a role in an Indianapolis truck accident. Some records may come from the trucking company. Other evidence may come from police, witnesses, or video of the crash.
Relevant evidence may include:
- Drug and alcohol test results
- Police reports
- Driver qualification records
- Employment and disciplinary records
- Witness statements
- Dashcam or surveillance footage
- Electronic logging device data
- Trucking company drug and alcohol testing records
The driver’s actions before and after the accident may also be important. Witness statements, police findings, and video footage may help show whether the driver appeared impaired.
This evidence can help show whether the driver was impaired when the crash happened. It may also show whether the trucking company knew about past drug or alcohol problems or failed to follow safety rules.
Schedule a Free Consultation With Our Indianapolis Truck Accident Lawyers
Wilson Kehoe Winingham Injury Lawyers understands how serious a truck accident in Indianapolis, IN, can be. If drugs or alcohol played a role in your crash, our attorneys can investigate what happened and determine who may be responsible.
A truck accident can leave you with medical bills, lost income, pain and suffering, and other losses. Our team can review the facts and help you understand your options for seeking compensation.
If you were injured in a truck accident involving an impaired driver, contact us today to schedule a free consultation with an Indianapolis truck accident attorney.