Drunk Driver-Related Truck Accidents
Drunk driver laws exist to stem the number of motor vehicle accidents involving both trucks and passengers that result from drug or alcohol violations. Federal and state trucking regulations require all trucking companies to have a mandatory drug and alcohol-testing program in place for their drivers. With these regulations in place, the occurrence of truck accidents involving alcohol use by the truck driver is relatively low, at only about one to three percent.
Colorado’s DUI Laws
The drunk driving laws that apply to drivers of passenger cars also apply to truck drivers. A truck driver in Denver or any part of Colorado can be charged with driving under the influence (DUI) if he has a blood alcohol concentration (BAC) of 0.8 or higher. He can be charged with driving while ability impaired (DWAI) if he has a BAC level of .05 but less than .08. In addition to violation of state DUI/DWAI laws, driving a commercial truck while drunk violates federal laws as well. If you were involved in an accident involving a truck whose driver you suspect was drinking, you should see a Denver personal injury attorney as soon as possible to hold this driver accountable in a court of law.
Federal Trucking Laws
Under Federal Motor Carrier Safety Administration rules and regulations, truck drivers are prohibited from consuming alcohol or be under the influence of alcohol four hours before having physical control of a truck. Truck drivers may not drink or be under the influence of alcohol while on duty or driving or being in physical control of a truck. Truck drivers may not drive or be in physical control of a truck while possessing wine that contains less than a half of one per centum of alcohol by volume. The latter does not apply to alcohol that is being transported as a shipment or is used by passengers. Motor carriers shall not allow a driver to go on duty or drive a truck if the driver appears to be intoxicated.
A truck driver who violates these rules shall immediately be placed out of service for 24 hours upon issuance of an out-of-service order. The driver shall not violate the terms of the out-of-service order. The driver is required to report the issuance to a state official within 30 days unless the driver requests a review of the order.
If the driver requests a review, he must do so in writing within 10 days of the issuance of the order and submit his request to the State Director or Division Administrator for the geographical area or the Administrator. Upon receiving affirmation or reversing of the order by the State Director or Division Administrator for the geographical area or the Administrator, the driver must report the order to the state official within 30 days.
How Can Denver Personal Injury Attorneys Help?
With the O’Connell Law Firm, P.C., you get 40 years of legal and negotiating experience. These Denver personal injury attorneys successfully represent truck accident victims and fight to protect their rights and the most possible compensation for their pain and suffering. The personal injury attorneys at the firm understand the legal strategies involved in truck accident cases, as well as a thorough knowledge of truck driver training, requirements and regulations, truck company regulations and truck safety requirements. Contact their office for a free initial consultation.
