Semi trucks and eighteen wheelers provide an incredibly crucial service to our economy and our country. These vehicles are not easy to drive, and we place a lot of faith in the truckers who are responsible for operating them safely. It is no secret that when a truck accident occurs, there can be disastrous consequences. With the amount of responsibility in the hands of truckers, and the terrible amount of damage Semi trucks and eighteen wheelers are capable of, there should be no reason for a trucker to be under the influence. If you have been in an accident with a semi truck or eighteen wheeler that was caused by a trucker who was drunk or under the influence of drugs, you may be wondering who can be held accountable for the accident and how you can pursue compensation for the damages. Speak with an experienced attorney such as the Personal Injury Attorney Atlanta GA locals trust immediately.
To protect themselves and avoid these kinds of accidents, most trucking companies require their drivers to submit to regular drug and alcohol testing. Federal regulations also forbid drivers of trucks from consuming any alcohol for four hours before operating the vehicle. Still, an unfortunate amount of truckers still engage in drugs and alcohol. Stimulants such as methamphetamines and cocaine are especially common to help with long trips and to keep awake. This all means that a truck driver under the influence has committed a crime, which will allow any negligence case against them to be a relatively simple matter.
Most truck drivers are employed by trucking companies, which means that the company may be able to be held responsible for the negligence of their employee. This is due to a legal theory called “respondent superior,” which names employers liable for wrongful acts committed by employees in the scope of their employment. Of course, nothing in the law is that simple and there are many factors that determine if the trucking company can actually be held accountable.
The best thing you can do after an accident with a trucker who was under the influence is to contact an attorney in your area with experience in personal injury law. Your attorney will be able to analyze the factors of your case and apply the specific laws of your state. With their knowledge, they can set out the best path for you, and determine who would be appropriate to name defendant in your case. Truckers who are under the influence behind the wheel endanger everyone on the road. If they harm you, you deserve to be compensated for every dime of damage.
A special thank you to our partners at Andrew R. Lynch P.C. for their extensive insight into Employment law and Personal Injury.