Getting behind the wheel of a car while under the influence of alcohol or drugs is dangerous. When the vehicle is an 80,000-pound semi-truck, the result can be catastrophic. Many accidents caused by truck driver drug and alcohol use can be avoided. The federal government regulates the trucking industry, including the requirement of mandatory drug and alcohol screening.
The Miami truck accident lawyers of Shaked Law Personal Injury Lawyers have over 100 years of combined experience handling accident cases. We’ll work to get you the money you deserve after a negligent truck driver causes a crash.
Contact our office or talk to us at (305) 937-0191 to schedule a free consultation with one of our truck accident attorneys in Miami, FL. We fight to hold parties liable for the damages caused by drugged and drunk driving truck accidents.
How Our Miami Truck Accident Lawyers Can Help After an Accident Caused By Truck Driver Drug and Alcohol Use
Truck accident cases are complicated. Proving that a truck driver was under the influence of alcohol or drugs can help prove that the driver caused the crash. However, it may also result in the trucking company being liable for damages.
Our Miami truck accident attorneys at Shaked Law Personal Injury Lawyers have extensive experience, resources, and skills. Our expertise allows us to pursue truck accident claims for our clients effectively and aggressively. We have recovered millions of dollars in jury verdicts and settlements for our clients since 2007.
When you hire our law firm to handle your truck accident claim, you can expect us to:
- Begin a thorough, independent investigation into the cause of the truck accident
- Monitor the investigations by federal and state agencies, including drug and alcohol testing after the accident
- Work with accident reconstructionists, semi-truck experts, and other experts to gather evidence proving negligence and fault
- Carefully document your damages to increase the value of your injury claim
- Provide support and guidance for you throughout the case
- Aggressively argue for the maximum compensation available during settlement negotiations and at a trial
If a truck accident caused you injury, contact our truck accident lawyers in Miami for a free case evaluation. We want to help you and your family get justice as you continue to recover from an accident involving a commercial motor vehicle.
When Are Truck Drivers Tested for Drugs or Alcohol Use?
The Federal Motor Carrier Safety Administration (FMCSA) and the Department of Transportation (DOT) require truck drivers and their employers to follow all drug and alcohol testing rules in accordance with state and federal trucking regulations.
The rules require:
- Pre-employment testing for drugs and alcohol before an employer allows a truck driver to operate commercial trucks
- Post-accident testing whenever a truck driver is involved in a crash that results in a traffic citation for an accident involving an injury, disabled vehicle, or fatality
- Testing for drugs and alcohol when a supervisor has a reasonable suspicion of substance abuse by a truck driver (the DOT provides supervisor training)
- Random testing for truck drivers who have a commercial driver’s license
- Return-to-duty testing when a truck driver has been removed from duty because of positive test results for alcohol or drugs
- Follow-up testing when recommended by a substance abuse professional after a truck driver returns to duty
Under Title 49 §383.37 of the Code of Federal Regulations, employers cannot place a driver out of service. That is done by a state or federal official. However, employers are obligated to place a driver off-duty if they violate drug or alcohol rules.
How Common Are Drug and Alcohol Violations Among Truck Drivers?
The Drug & Alcohol Clearing House provides government agencies and employers with access to information regarding violations of the CDL driver drug and alcohol program. According to the Clearing House, there were 115,367 drug violations recorded from January 2020 through January 2022. During the same period, there were 2,639 alcohol violations.
- Actual knowledge of a drug or alcohol violation
- Alcohol or drug test refusal
- Positive drug tests
- Alcohol tests with a BAC of .04% or greater
What Should I Do After a Truck Accident in Miami?
Seek immediate medical treatment for your injuries. Since truck accidents generally cause traumatic injuries, EMS may transport you directly to the hospital. Do not refuse treatment or say that you are not injured.
Contact our Miami truck accident lawyers for a free consultation as soon as possible.
We’ll discuss your legal options, including your right to recover compensation for damages, including:
- Cost of medical treatment, nursing care, therapies, and personal care
- Lost wages, loss of benefits, and reductions in future earning capacity
- Permanent impairments, disfigurement, and disabilities
- Loss of enjoyment of life and reductions in your quality of life
- Pain and suffering damages caused by emotional distress, physical injuries, and mental anguish
- Other out-of-pocket expenses and losses
Our legal team will help you document your damages and seek total compensation from the parties liable for the truck accident. The trucking company or its insurance provider may pressure you to make a statement. Do not talk to them until you seek skilled legal advice about your rights after a truck accident in Miami.
Schedule a Free Consultation With Our Truck Accident Lawyer in Miami, FL
No amount of money will undo the pain and suffering you experienced due to an accident caused by a truck driver drug and alcohol use. However, the money you receive for a truck accident claim can help pay expenses and reimburse you for losses as you continue recovering.
Contact our law office to speak with a member of our legal team. Your initial consultation with our Miami truck accident attorneys does not cost you anything.
Other Truck Accident Cases We Cover
- Amazon van and truck accidents
- FedEx and UPS truck accidents
- Jackknife accidents
- Tractor-trailer tire blowout