Drunk driving is a significant problem on America’s roads, and sadly, Florida is no exception. Each year, there are DUI accidents, and many come from an unexpected source. The class of drivers that are held to the highest standards are those with CDLs, yet they also can cause drunk driving truck accidents in Pace.
If you or someone you love was involved in a collision with a large truck and you believe the driver was intoxicated when it happened, our team at Emmanuel Sheppard & Condon can talk to you about your legal options.
A BAC level of 0.08 percent is an offense in most areas, including Florida. For an average driver, a single DUI can lead to fines, mandatory DUI education, ignition interlock devices, and more. If a truck driver is caught driving while intoxicated, the penalty is much harsher, and it only increases if they are involved in an accident.
According to FMCSA (Federal Motor Carrier Safety Administration), the legal limit for Blood Alcohol Concentration (BAC) for anyone with a CDL is 0.04 percent, even if off duty. Anything higher and they are deemed driving under the influence of alcohol, which can cause the driver to face alcohol-related driving violations, loss of their CDLs, and loss of their non-commercial license.
The duration of CDL suspension varies based on the offense, ranging from one year to a lifetime, according to the Code of Federal Regulations § 383.51(e). Even knowing this, many truck drivers use alcohol or other stimulants while driving because of the stress they are under, the isolation of driving alone, and their irregular schedules. This can lead to severe consequences if they are involved in an accident and even a trace of something is found in their system.
Commercial trucks are massive and weigh up to 30 times more than most vehicles on the road. Their sheer size can mean it takes a driver up to 40 percent longer to come to a complete stop. If combined with intoxicated driving and a slower reaction time, the injuries sustained can be catastrophic for all involved parties.
The most common injuries people experience in a drunk driving tractor-trailer accident in Pace include:
After the wreck, those involved may also suffer from PTSD symptoms that include flashbacks, nightmares, or anxiety.
Florida is a no-fault state, which means every driver must be covered by Personal Injury Protection (PIP) and Property Damage Liability (PDL). No matter who causes the crash, PIP will pay up to 80 percent of all necessary and reasonable medical expenses. In short, you must seek compensation from your insurance company first for your injuries.
However, the injuries suffered during an 18-wheeler collision can quickly use up the PIP insurance, leaving most to wonder who pays for the rest. There is good news.
Negligence by the truck driver, trucking company, or truck owner can indicate legal liability for the accident. The problem then becomes how you prove it.
If the truck driver was driving under the influence during the accident, speeding, or violating other traffic laws, you can seek compensation for your injuries. If the trucking company or owner fails to maintain the vehicle or ensure a clean driving record for the truck driver, you can seek compensation for your injuries.
Your best option before proceeding is to seek the advice of a legal representative with experience litigating drunk driving truck crashes in Pace. The sooner you act, the better your case will be since the state’s statute of limitations to file a lawsuit is just two years after the accident.
At Emmanuel Sheppard & Condon, our team of professionals is here to help you determine your case against the irresponsible truck driver. We have dealt with many drunk driving truck accidents in Pace, and we look forward to helping you get the compensation you deserve for your injuries.
Contact us today to request an initial consultation so we can get started on your case.