Many truck-related accidents across the country involve truck drivers driving while under the influence of drugs (DUID). A DUID is a serious violation for all motorists and can result in stiff fines, jail time and loss of driving privileges. A truck driver who loses his driving privileges can suffer a major financial blow if driving trucks is his primary occupation. The trucking company who employed the driver can also be held liable for any injuries or damage caused by the driver. If you are injured in the Denver areas, which involved a truck driver you suspect of DUID, you should not hesitate to retain a Denver personal injury attorney.
Colorado DUID Laws
In Colorado, a DUID is committed when a driver operates a motor vehicle while consuming one or more drugs to the degree that the driver is not physically or mentally capable, or both, of exercising sound judgment, sufficient physical control or proper care in the safe operation of his vehicle. The type of drug does no matter. A truck driver can be found guilty of DUID even if the drugs were prescription drugs or over-the-counter medications.
Proving a DUID may be a challenge, because DUID cases do not fall under Colorado’s DUI laws, which makes it illegal to operate a motor vehicle with a blood alcohol content of .05 for driving while ability-impaired (DWAI) and .08 for DUI. Therefore, no measurement exists for urine and blood tests relative to DUID cases. A personal injury attorney would have to rely on officer testimony to the observed indicators of drug impairment that his client allegedly exhibited. Most police officers, however, are not trained to recognize indicators of drug impairment.
In addition, your attorney must prove the truck driver was impaired while he was driving. This can be tricky because certain chemical tests are taken are taken long after the drugs have passed through a driver’s bloodstream. The drugs may still be present in his body, but not enough to result in impairment.
Your Denver personal injury attorney would have to determine if the trucking company was aware of the driver’s drug problem and knowingly allowed him to operate his truck, making the trucking company liable.
Federal Regulations
Federal Motor Carrier Safety Administration (FMCSA) regulations prohibit truck drivers from operating a truck while possessing, using or under the influence of amphetamines, narcotics or any other drug that prevents the driver from safely operating his vehicle. Motor carriers are also prohibited from allowing a truck driver to violate these regulations. The exception is for drivers who on medication prescribed by a licensed medical practitioner who has advised the driver that the drug will not affect his ability drive safely. The regulations do not pertain to drugs that are transported as part of a shipment.
Where to Find a Good Attorney
The Denver personal injury attorneys at the O’Connell Law Firm, P.C. have a proven track record for successfully representing many truck accident victims. One of their main priorities is getting their clients the maximum compensation possible for their pain and suffering, and they have the experience, background and professional resources to make that happen. Call their office for a free initial consultation.
