Maison Law can help you if you’ve been injured in an accident with a large truck in California. The requirements for drivers and laws around safety are strict, and largely handled by the federal government. One of the most important has to do with truck drivers being tested for drug or alcohol use after the accident. If that played a part in the accident that’s left you injured, our team will be there to support you. Set up a free consultation today.
Why Truck Drivers Have to Be Tested For Drugs or Alcohol After an Accident
Few things are more dangerous than a truck driver that might be under the influence of drugs or alcohol. It’s not hard to figure out why. Not only are they driving a vehicle that’s much larger and heavier than a regular car, but they’re also usually carrying cargo that only adds to the danger in the event of an accident.
With that said, drug or alcohol testing isn’t required after every accident. Rather, 49 CFR 382 only makes it a requirement after:
- A fatal accident, even if the truck driver wasn’t ticketed.
- An accident where the driver was ticketed or immediate medical care was required.
- An accident where a vehicle needed to be towed.
Timing is important, too. The trucking company or driver have to be tested:
- As soon as possible for alcohol, with an 8 hour deadline.
- Within 32 hours for drugs.
Remember, just because these laws and requirements are in place doesn’t mean that the company will follow them—or that your injuries and losses in the event of an accident are automatic. You still have to go through the claims process to get the available financial help.
What Can I Recover If I File an Injury Claim After an Accident With an Impaired Truck Driver?
When you’re sitting along the side of the road after you’re involved in an accident with a large truck, you’re probably not going to know right away that the driver was impaired by drugs or alcohol. But one way or the other, that will eventually come out, either through the testing requirements of 49 CFR 382 or a deeper dive that comes with filing an injury claim.
Which brings us to the main point: when a truck driver or trucking company’s negligence leads to your injuries, you have the right to go after financial support in the claims process. To actually get it, though, you’ll have to either:
- File an insurance claim outside of court
- File a personal injury lawsuit
And once you do that, the “damages” you can potentially recover are going to be based on your:
- Current and future medical bills
- Lost wages and reduced earning capacity
- Vehicle repair or replacement costs
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Loss of enjoyment of life
- Loss of companionship in certain cases
- Funeral and burial expenses after a fatal accident
If the truck driver was under the influence of drugs or alcohol, or the trucking company failed to follow federal safety rules, that evidence may help show what went wrong and who’s responsible. The important thing is connecting those failures to the accident and the harm it caused. Keep in mind, California sets a deadline of two years to file your claim after the accident. That might sound like plenty of time, but investigating a truck accident and getting the records you need can take a while. It’s better to start looking into your options sooner rather than later.
How Maison Law Can Help After a Truck Accident Caused by an Impaired Driver in California
Even with something as seemingly straightforward as a truck accident where the driver is impaired, the claims process can still get pretty complicated. That has a lot to do with all the moving parts behind the scenes. It’s true that truck drivers have a lot of latitude when they’re the ones actually behind the wheel of the truck, but trucking companies also have a lot of control over whether they actually follow 49 CFR 382 and other safety laws.
None of that makes what you’re going through any easier, but our team of California truck accident lawyers at Maison Law can. When you’re injured and you think the driver might be impaired by drugs and alcohol, we’ll be there to help you with:
- Investigating what the driver did to cause the accident
- Figuring out who all might be responsible for your injuries
- Gathering important evidence before it becomes harder to get
- Reviewing driver records, drug and alcohol testing records, and other potential safety violations
- Dealing with the trucking company and its insurance company
- Documenting your medical expenses, lost income, and other losses
- Keeping you informed about what’s happening with your claim
After a truck accident, you already have enough to worry about. You shouldn’t have to spend your time tracking down records, dealing with insurance companies, or trying to figure out whether the trucking company did what it was supposed to do. We take all that on for you, giving you the space to focus on getting better. To get started with the process, reach out today for a free consultation.
