Operating a big rig is a great responsibility. Despite the risks that come with large trucks, truck drivers often commit the same mistakes as other drivers. Reckless acts such as drunk driving and drug use are behind many truck accidents each year.
If you were injured in a truck accident you believe was caused by a drunk truck driver, don’t hesitate to contact Robinette Legal Group, PLLC. Our committed and experienced truck accident attorneys in Morgantown can help you file a claim against one or more parties for financial compensation.
How Can a Lawyer Help Your Case?
It is not easy to go up against a truck company or powerful insurance corporation in West Virginia alone. Insurance companies frequently take advantage of unrepresented clients to save money on payouts. The best way to protect your family is by hiring a truck accident attorney in Morgantown. An attorney has the knowledge, experience, resources, and skill to properly defend your truck injury case. While you focus on healing and moving forward, your lawyer can work hard to advance your goals.
What Is the Legal BAC Limit for Truck Drivers in West Virginia?
In West Virginia, the legal blood alcohol content (BAC) limit for typical motor vehicle drivers is 0.08 percent. A driver with a BAC above the legal limit can be charged with a driving under the influence (DUI) crime. However, the legal limit is lower for commercial vehicle drivers. Drivers using commercial driver’s licenses cannot surpass a BAC of 0.04 percent. It is possible for a truck driver to get a DUI charge with an even lower BAC if he or she is impaired.
What Are the Federal Laws Against Alcohol Use in Trucking?
The Federal Motor Carrier Safety Administration enforces federal laws regarding safety in the commercial trucking industry. Code 392.5 states that commercial truck drivers are prohibited from consuming or being under the influence of alcohol within four hours of operating a commercial motor vehicle or going on duty. Federal law does not give a legal BAC limit. It forbids any measured alcohol concentration in a driver’s bloodstream while on duty or in physical control of a commercial motor vehicle.
Signs of a Drunk Truck Driver
Drunk driving can impair a commercial driver’s cognitive abilities enough to cause a truck accident. Alcohol can impede the senses, cause poor judgment and reduce reaction times. You may be able to spot a drunk truck driver if you notice any of the following red flags:
- Swerving in and out of a lane
- Weaving between other vehicles
- Tailgating persistently
- Driving too fast or too slowly
- Abruptly slamming on the brakes
- Driving the wrong way on a one-way street
- Running red lights and stop signs
- Staying stopped for too long at a red light
- Traffic violations
If you believe a truck driver is intoxicated, stay a safe distance away and call the police. Give the police the truck’s license plate number and location. Do not try to get the truck driver’s attention, follow the truck or stop the truck.
How Can You Prove Drunk Driving?
Recovering financial compensation for a drunk driving truck accident requires proving the driver was intoxicated. The burden of proof in a truck accident case is a preponderance of the evidence – enough evidence to prove fault that for the crash is more likely to be true than not true. You or your attorney can use evidence such as the following to support your case against a drunk truck driver:
- Blood, breath, or urine alcohol test results
- Field sobriety test footage
- A police report or citations against the driver
- The driver’s employment records
- The driver’s driving records
- In-cab truck surveillance footage
- The truck’s black box
- Eyewitness statements
If your evidence is strong enough to convince an insurance company to accept your claim or a judge or jury to rule in your favor, you and your family could receive financial compensation for medical bills, property repairs, lost wages, pain and suffering, and other losses.
Contact Robinette Legal Group, PLLC for a Free Case Review in Morgantown
At Robinette Legal Group, PLLC, we can pursue the compensation that you deserve for a truck driver drunk driving accident using tailored legal services and aggressive negotiation strategies. Start by requesting a free consultation at our Morgantown, WV office. Call (304) 594-1800 or submit our online contact form to speak to an attorney today.