Commercial Drivers And Lower Blood Alcohol Concentration Limits
On behalf of Lovett Law Firm posted in Truck Accidents on Wednesday, May 11, 2016.
Commercial truckers have a responsibility to others on the road, and because their vehicles are so large, this responsibility has to be taken seriously. They must drive safely and abide by strict regulations. Anyone who has a CDL is held to a higher standard than a typical driver. The Federal Motor Carrier Safety Administration is in charge of the regulations that the truck driver must follow.
As a victim in a truck accident, you’re entitled to know if the driver was intoxicated, driving dangerously due to a lack of sleep or distractions, or if the driver wasn’t licensed at the time of the collision. You can find out most things like this from the police report filed after your accident and from the investigation that follows.
Some things to be aware of include the fact that commercial drivers can only have a blood alcohol concentration of less than 0.04 and still be driving. This is half the limit given to any other driver, but this is because of the risk of serious harm coming to others if they collide with a truck, bus, or other commercial vehicle. Under the FMCSA’s rules, if a driver refuses to give a blood or breath test, it’s the same as if he was pleading guilty to the crime.
What that means is that if you’re struck by a commercial driver who is under the influence of even a few drinks, you’re in a position to seek compensation for your injuries. The driver may be facing penalties like losing his license or paying heavy fines for the violations as well.
Source: FindLaw, “Commercial DUI Regulations,” accessed May 11, 2016