Philadelphia Big Rig DUI Crash Lawyers

Big Rig DUI Crash

Driving under the influence (DUI) of alcohol or drugs is an issue of growing concern for states nationwide. According to the National Highway Traffic Safety Administration (NHTSA), 32 percent of all fatal traffic accidents across the U.S. in 2009 involved alcohol impaired driving, totaling 9,813 fatal crashes. Driving while under the influence of alcohol or drugs decreases a truck driver's alertness and muscle control as well as considerably slows down reaction times. This causes truckers to drift across lanes, speed up and slow down haphazardly, poorly navigate turns, and even collide with fixed objects. As demonstrated by NHTSA statistics, DUI accidents can have devastating results for the occupants of other motor-vehicles.

It is bad enough when the driver of a passenger vehicle gets behind the wheel when intoxicated or influenced by drugs, but it is much worse when it is done by a driver of a large commercial truck. The massive size and weight of big rigs make them dangerous to other motorists on the road without the addition of alcohol or drugs, and so it is many times more dangerous, and more deadly, when a truck driver has substance abuse problems. Unfortunately, these problems still exist despite strict federal regulations regarding alcohol and drug use for commercial motor vehicle (CMV) drivers.

FMCSA Commercial Vehicle Driver Alcohol and Drug Regulations

According to the Federal Motor Carrier Safety Administration (FMCSA), all drivers that hold a commercial driver license (CDL) and operate CMVs on public roadways must be tested for alcohol and drugs by the U.S. Department of Transportation (DOT). CDL drivers are subject to the following tests:

• Pre-Employment;
• Post-Accident;
• Random Testing;
• Reasonable Suspicion;
• Return-to-Duty; and
• Follow-Up Testing.

If a tractor trailer driver receives a positive test result, or refuses to submit to drug or alcohol tests, they are immediately removed from operating any CMV on public roads. These are federal consequences, however. Each state may implement its own policies regarding DUI as well.

Pennsylvania DUI Laws for Commercial Truck Drivers

Pennsylvania has 3 levels of DUI offenses:

1. General Impairment (0.08-0.099 percent BAC);
2. High BAC (0.10-0.159 percent); and
3. Highest BAC (0.16 percent and higher).

DUI penalties are determined by the level, as well as the existence of any prior DUI offenses. Needless to say, the higher a person's BAC percent, the more severe the penalties will be. Any prior DUI offenses will, likewise, increase the severity of the penalties received, regardless of the BAC level.

Under the state's DUI law, any CMV driver that is involved in a Pennsylvania truck accident that causes personal injury and/or property damage to other persons and/or vehicles may be subject to the "High BAC" penalties, even if their BAC level was not. Furthermore, refusing breath or chemical testing may subject a driver to the "Highest BAC" penalties.

Holding Commercial Truck Drivers Civilly Liable

A big rig DUI crash in Pennsylvania can cause catastrophic and life-altering injuries, such as brain injuries, head injuries, amputation, and spinal cord injuries. These injuries, aside from causing pain and suffering, may incur inordinate medical costs which may not be covered by insurance. If the injury results in a partial or total disability, costs will continue to pile up for doctor visits, home care, and rehabilitative services. The financial and emotional effects of a Pennsylvania heavy truck DUI accident can be traumatic, but you do not have to try to make it through on your own.

At Anapol Schwartz, our Philadelphia big rig DUI crash lawyers believe that negligent truck drivers should be held both criminally, and civilly, liable for the devastation they cause. We help our clients understand their legal rights and options, as well as support them through their recovery process. Call us today to find out how we may help you.

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