It’s never acceptable to drive intoxicated. However, when a commercial truck driver operates their vehicle while impaired by alcohol or drugs, the situation is very serious indeed. Large commercial trucks, such as semis and tractor-trailers, are massive vehicles that can cause utter devastation in trucking accidents. Sadly, far too many people suffer serious injuries or die because of intoxicated truck driver accidents.
If an intoxicated truck driver caused an accident that injured you or killed a close family member, you need to understand your options for holding the driver accountable and getting the compensation you deserve. The Omaha truck driving accident attorneys at Berry Law are here to answer your questions, evaluate your claim, and help you recover the full and fair compensation you need.
Understanding Federal and State Trucking Regulations
Truck drivers must adhere to federal and state regulations when operating their vehicles, and commercial drivers are typically held to a higher standard than other motorists. Truckers transport tons of various cargo, which can include hazardous and inflammatory materials. Like most other states, Nebraska has adopted federal regulations from the Federal Motor Carrier Safety Administration (FMCSA) that apply to commercial truck drivers, which include laws regarding alcohol use while driving.
Regarding alcohol impairment specifically, FMCSA forbids truck drivers from driving while intoxicated. While the blood alcohol content (BAC) limit for most motorists is 0.08%, for truck drivers, the BAC limit is only 0.04%. Truck drivers can face criminal charges for DUI if found to be operating their trucks with a BAC above the legal limit.
It’s important to note that even a BAC of 0.02% can affect a truck driver’s ability to handle multiple tasks, make sound judgments, or react in time to avoid a collision. Drivers with BACs of 0.05% or higher typically have difficulty controlling their vehicles, remaining alert, and responding to emergencies.
To enforce FMCSA regulations, trucking companies must conduct random alcohol and drug tests on their drivers and regular intervals throughout the year. Trucking companies must carefully log these tests and maintain their records. Additionally, FMCSA authorities and personnel at highway patrol weigh stations can request alcohol or drug tests on truck drivers.
Even just one violation of driving while intoxicated or with a BAC above 0.04% can cost a truck driver their job and their commercial driver’s license (CDL). They may also be prohibited from ever operating a large truck again.
Despite regulations and regular, random testing, truck drivers still drive intoxicated and cause thousands of serious and fatal drunk driving accidents each year. In fact, FMCSA has reported truck driver alcohol and drug impairment as the fourth leading cause of fatal trucking accidents across the country.
Nebraska Truck Accident Statistics
The Nebraska Department of Transportation (NebraskaDOT) reported that 1,261 fatal accidents occurred in Nebraska in a recent year involving semi-trailer trucks, and 954 fatal accidents happened involving other heavy vehicles.
The FMCSA and the National Highway Traffic Safety Administration (NHTSA) also conducted a study of the major contributing factors of large truck wrecks. They found that truck driver intoxication played a major role in thousands of trucking accidents nationwide. Consider the following:
- Alcohol-impaired truckers were responsible for 1,000 large truck accidents, or around 1% of the total number of traffic accidents.
- Truckers using over-the-counter medications contributed to more than 25,000 collisions with other vehicles, or around 17% of the total number of traffic accidents
- Truckers that use illegal drugs, such as amphetamines, opiates, marijuana, and cocaine, contributed to more than 3,000 serious and fatal truck accidents, or around 2% of all traffic crashes.
What Are Some Common Intoxicated Truck Driver Accidents?
Due to their design and intended purpose of carrying cargo, heavy trucks can cause a variety of serious accidents that usually don’t occur with passenger vehicles. They include:
- Jackknife accidents: These accidents occur when a truck’s trailer swings out away from the truck, creating a 90-degree angle. In jackknife accidents, the truck’s long trailer can collide with several other vehicles at once, leading to catastrophic, multi-vehicle crashes.
- Underride collisions: Because trucks and their trailers sit high off the ground, it’s very easy for a small passenger vehicle to slide under the truck’s chassis or trailer during a crash. In some cases, these accidents can shear the roof off of cars and cause devastating, fatal injuries to the car’s occupants.
- Rollovers: Since they typically have a high center of gravity, large commercial trucks are prone to rolling over during hard braking and in turns, or when swerving to avoid a collision. Considering commercial trucks can weigh as much as 80,000 pounds fully loaded, occupants of a small passenger vehicle could be crushed under the weight of the truck.
- Cargo spills: Trucks can spill their cargo onto the road during an accident, potentially leading to ancillary collisions with other vehicles. Also, cargo on a flatbed trailer, for instance, can dislodge and fall onto other cars or into the road, where they can cause additional accidents.
- Tanker trucks and hazardous cargo: Some trucks transport toxic chemicals and other volatile materials that can make an accident more serious. Spilling of inflammable materials can lead to fires and explosions that can further injure or kill accident victims.
Other potentially serious accidents involving commercial trucks include rear-end collisions. Large trucks can crush smaller cars if they collide with them from behind. Also, trucks can easily injure or kill other vehicle occupants during sideswipe or T-bone collisions at intersections. Truckers can also change lanes or try to merge onto a highway without first checking to see if it’s clear to do so. These types of accidents can involve a vehicle and the truck itself, or the driver of the other vehicle may take evasive action to avoid colliding with the truck and run off the road or strike another vehicle.
Penalties for Driving a Truck in Omaha While Drunk
Nebraska has strict penalties for intoxicated truck drivers. After receiving one DUI charge, the trucker will lose his or her commercial driver’s license (CDL) for one year. The second conviction will result in the complete loss of the CDL. These penalties apply whether the driver is in a personal vehicle or commercial truck when they commit the offense.
Most CDL drivers are incredibly cautious about alcohol because they do not want to lose their source of income. Still, drunk driving truck accidents do happen. As this is a clear violation of state law, any police citation for intoxicated driving can help you prove the other driver was at fault in your injury claim.
Controlled Substances in Tractor-Trailer Accidents
Most intoxicated driving accidents involve alcohol. Retailers at truck stops and gas stations often sell alcohol, so it is readily available. However, a similar accident could occur if a truck driver is under the influence of controlled substances or drugs.
For example, truck drivers may use stimulants such as amphetamine or methamphetamine to stay awake and alert. Unfortunately, these drugs can also make people jittery, which can lead to an accident. No matter the type of substance, any semi-truck accident with an intoxicated driver can cause catastrophic injuries.
Nebraska Trucking Insurance Requirements
Truck drivers and trucking companies that own the truck must carry certain amounts of liability insurance coverage to pay for injuries, losses, and damage the accident caused to others. These insurance liability limits are typically much higher than the insurance requirements for other passenger vehicles and depend on the type of cargo the truck is hauling. Some minimum liability insurance requirements include:
- Household goods: If the truck primarily transports household goods, the driver or owner must carry at least $300,000 in coverage.
- General freight: Trucks that carry general freight must maintain at least $750,000 in coverage.
- Oil: If the truck transports oil, the driver or owner must carry at least $1,000,000 in liability coverage.
- Hazardous materials: Trucks must have at least $5,000,000 in liability insurance coverage if they transport hazardous materials.
Although truck drivers and owners must maintain these levels of liability coverage, it can be challenging to deal with their insurance companies and get the compensation you need. It’s best to work with an experienced trucking accident attorney near you for assistance. They can review the policy and determine what it covers as it relates to your claim. An attorney can also work with the insurer to ensure they honor their claim and negotiate with them to help you get a fair settlement.
What Compensation Can You Receive After a Drunk Driving Tuck Crash in Omaha?
The key concept for any type of personal injury claim, including a truck accident injury claim, is to establish liability to the at-fault party for causing your injuries. If a truck driver is cited or arrested for driving under the influence of drugs or alcohol, that could serve as invaluable evidence to show the truck driver was acting negligently and is, thus, liable for your injuries and losses.
After an 18-wheeler collision, you can recover compensation for monetary losses due to hospital bills, property damage, and lost wages. Additionally, you may seek non-economic damages, such as pain, suffering, and inconvenience.
Calculating Non-Economic Damages
There is no formula to calculate non-economic damages because these losses do not have a specific monetary value. Lawyers generally determine the amount of non-economic damages you should request by comparing your life before and after the accident.
For example, if someone loses mobility in the lower body, they may experience inconvenience and discomfort while getting accustomed to being paralyzed. Additionally, the injured party may need a mobility aid such as a wheelchair that prevents him or her from enjoying certain activities.
If the injured person’s bedroom is on the second floor of the house, moving up and down the stairs every day can be difficult. Your legal counsel can incorporate anything that negatively impacts your life emotionally and socially into your non-economic losses. A determined truck accident lawyer at Berry Law can ensure these losses are reflected in the settlement demand or drunk driving lawsuit.
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Call Berry Law to Discuss Intoxicated Truck Driver Accidents in Omaha
Intoxicated truck driver accidents in Omaha can result in lasting injuries and damages. Whether the at-fault party was using alcohol or drugs, this type of negligent behavior is illegal, and you can pursue a claim for compensation. Contact our firm today to schedule a confidential consultation and learn more about how our skilled trial lawyers can assist you in your case.
