Trucking companies and truck drivers have an obligation to take reasonable
measures that ensure public safety. They must also comply with numerous
rules and regulations. This is because the risks of
truck accidents, especially risks for catastrophic injuries and
wrongful death, exceed those posed by most other auto accidents involving smaller vehicles.
After all, commercial trucks and 18-wheelers are among the most massive
machines that travel our public roads and highways.
When it comes to trucking industry regulations, state and federal agencies,
including the Federal Motor Carrier Safety Administration (FMCSA), focus
heavily on ensuring that truckers are fit and qualified to operate their
rigs. With most trucking accidents being caused by driver error and negligence,
these regulations and other similar laws governing motorist conduct are
essential to preventing accidents, injuries, and deaths on our roads.
Unfortunately, as our Clearwater truck accident lawyers have seen in many
cases we have handled, truckers and trucking companies do not always obey
the rules. This is especially true when it comes to substance use and
testing of truckers who pose extreme risks when they step behind the wheel
while under the influence. Here are a few important things to note about
drugged driving truck accidents:
Drugged driving is illegal – Driving under the influence of drugs is illegal for all drivers.
This includes controlled substances and prescription medications that
impair a person’s ability to safely operate a vehicle. If a trucker
drives while under the influence, they are committing a criminal offense
and can be subject to serious penalties if arrested. If it important to
note that any criminal proceedings are conducted separately from civil
lawsuits regarding personal injury or wrongful death. This means that
if you were injured by a drugged truck driver, you will need to pursue
compensation through the civil justice system.
Trucking companies have responsibilities – Trucking companies are ultimately responsible for the conduct
of their employees. Additionally, trucking operators must comply with
regulations during when hiring employees who do not pose unreasonable
risks to the public. This includes ensuring that their drivers pass health
examinations and drug screening. They must also test for substance abuse
to ensure their drivers are not operating rigs while impaired. Negligently
hiring or retaining drivers with known substance abuse issues can mean
that trucking companies could be held liable for any accidents and injuries
Liability and victims’ rights – Drugged driving is an egregiously negligently act any reasonable
person would know places others at risk of suffering harm. As such, victims
harmed by drugged drivers have a right to hold the driver, or the company
employing them, liable for their damages. These can include a range of
economic and noneconomic damages resulting from a crash and subsequent
injuries, including pain and suffering, lost income, and past and future
medical expenses, among others.
Roman & Gaynor is helmed by two Board Certified Personal Injury Attorneys
(Mark Roman and Morgan Gaynor) who together utilize over 50 years of combined
experience to advocate on behalf of individuals and families who have
suffered harm due to the negligence of others. Over the years, our team
has accumulated invaluable experience handing auto accident cases involving
drugged and drunk motorists, as well as many trucking accident cases.
We are prepared to put this insight to work for you.
If you wish to discuss a recent truck accident case in Pinellas County,
Pasco County, or any of the surrounding areas of Florida, do not hesitate
to speak with a member of our legal team about your accident and legal
rights. Our firm is available 24/7 to take your call.
Contact us today.