Drunk Driving Truck Accidents
Commercial truck drivers have a legal responsibility to safely control their vehicles and prevent collisions. This duty involves never operating a large truck while under the influence of alcohol. Unfortunately, driving under the influence (DUI) occurs often among truck drivers, sometimes resulting in accidents that cause severe injuries and deaths.
What Are the Risks of Alcohol Impairment for Truck Drivers?
Driving while impaired by drugs or alcohol is against the law in all 50 states. Drunk driving poses extreme risks, as alcohol can cause slowed reaction times, reduced coordination, poor judgment, drowsiness and muscle weakness in drivers.
Since semi-trucks are more difficult to operate and control than standard motor vehicles, the effects of alcohol can be even more dangerous. An intoxicated truck driver is much more likely to make mistakes that lead to accidents, such as speeding, reckless driving, tailgating, and drifting in and out of lanes.
Due to the size and weight of an 18-wheeler, drunk driving crashes involving large trucks are often devastating for those involved. They can cause catastrophic and fatal injuries, such as traumatic brain damage, spinal cord injuries, internal injuries and amputations.
What Are the Laws Regarding Alcohol and Truck Drivers?
In New Mexico, the legal blood alcohol content (BAC) level is lower for commercial truck drivers than regular drivers – 0.04 percent instead of 0.08 (N.M. Stat. § 66-8-102). If a truck driver operates a big rig with a BAC at or above 0.04 percent, he or she will be guilty of DUI per se, meaning a drunk driving charge can be filed without needing proof of impairment beyond the illegal BAC.
Federal law also bans truckers from drinking and driving. 49 Code of Federal Regulations 392.5 states: “no driver shall use alcohol…or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial motor vehicle.” It is also against the law for a truck driver to “have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle.”
Who Is Liable for a Drunk Driving Truck Accident in New Mexico?
If a truck driver violates the law by operating a large truck while under the influence of alcohol, the driver or trucking company could face liability (financial responsibility) for a related traffic accident. New Mexico is a fault state, which permits injured crash victims to seek financial compensation from the person or party at fault for a truck accident.
Trucking companies are often held liable for accidents caused by intoxicated truck drivers. The rule of vicarious liability holds employers responsible for the actions and mistakes of their employees. This rule applies to most truck drivers who are on-duty at the time of their accidents, even if they are classified as independent contractors.
A truck company may also be held directly liable for its own mistakes that contributed to the accident, such as failing to properly test its drivers for alcohol according to federal requirements. Depending on the circumstances, third parties could also be held liable for a drunk driving truck accident, such as a vendor that supplied the truck driver with alcohol, under New Mexico’s dram shop laws.
How Can a Truck Accident Attorney Help?
If you suffer injuries because of an intoxicated truck driver in New Mexico, you may be eligible for financial compensation from one or more parties. The best way to move forward with a claim is by contacting a truck accident lawyer as soon as possible.
A lawyer can investigate your truck accident to search for signs and evidence of drunk driving, such as the truck’s black box, previous accidents involving the driver, drug or alcohol test results, and eyewitness statements. Then, your Albuquerque semi-truck accident lawyer can negotiate with an insurance provider on your behalf to fight for maximum compensation for your losses.
To schedule a free consultation with an experienced lawyer about a drunk driver truck accident in New Mexico, contact The Fine Law Firm at (505) 889-3463.