Alcohol, Drug Abuse & Trucking Accidents in Chicago

drunk truck driver

Truck driver alcohol and drug abuse is a serious problem. According to the Federal Motor Carrier Safety Administration’s most recent Large Truck and Bus Crash Facts, there were more than 510,000 police-reported crashes involving large trucks and buses in the most recent year for which data is available, resulting in 4,479 deaths and 114,000 injuries. Approximately three percent of truck drivers involved in fatal accidents had some alcohol in their system. Two percent had blood alcohol concentrations of 0.08 percent or above.

Driving a commercial vehicle like a semi-truck is already difficult enough without adding alcohol or drug abuse into the mix. Large trucks are complex machines that can weigh upwards of 80,000 pounds. They are much more difficult for drivers to handle than passenger vehicles. When a truck driver drives head-on into traffic because of drug and alcohol use, the results are almost always catastrophic. 

If you or a loved one was injured in a truck accident involving a drunk driver, the truck accident attorneys at Salvi Schostok & Pritchard, P.C. can help. Contact us for a free consultation to discuss your legal options.

Our Chicago Truck Accident Lawyers Help Drunk Driving Accident Victims

A serious truck accident caused by a drunk truck driver can leave accident victims with disabling injuries, financial devastation, and uncertain futures. Our Chicago truck accident lawyers are here to help by:

  • Launching a thorough investigation into who and what contributed to the accident
  • Gathering necessary documentation to establish fault in your claim 
  • Contacting insurance companies on your behalf
  • Managing your case so you can focus on your recovery
  • Exploring all options for holding the drunk truck driver and careless trucking company accountable for your injuries

The truck accident lawyers of Salvi, Schostok & Pritchard P.C. represent truck accident victims in Chicago and across Illinois. 

What Are Illinois Truck Driver DWI/DUI Regulations?

While a blood alcohol content of 0.08 percent is considered the legal limit in Illinois for most drivers, the Federal Motor Carrier Safety Administration establishes a cutoff of a 0.04 percent blood alcohol content for truck drivers. This means commercial truck drivers who have half the blood alcohol concentrations of other drivers can be charged with a DUI. 

Federal regulators know that commercial vehicles are some of the most formidable vehicles on the roads. Commercial drivers must safely traverse rural and urban areas, deliver goods in tight corridors, drive up steep inclines, and engage in other highly technical operations. They need their full faculties to safely carry out their responsibilities. Drinking alcohol can affect muscle coordination, vision, and reaction time. For these reasons, drinking and driving a commercial vehicle is an incredibly dangerous activity and one that should be avoided at all costs. A truck driver who drives over the DUI limit risks losing their commercial driver’s license and seriously injuring or killing innocent motorists. 

The U.S. Department of Transportation also regulates drug and alcohol testing for commercial driver-licensed employees. It requires alcohol testing and/or drug testing at the following times:

  • Before employment
  • After an accident
  • When their employer reasonably suspects drug or alcohol abuse
  • At random intervals
  • Upon return-to-duty
  • At the substance abuse professional’s recommendation for a drug or alcohol test

Can truck drivers drink off duty?

Truck drivers have the same rights as others and can drink while off duty. However, if they drink and drive and are charged with this offense, there can be ramifications. Federal law requires truck drivers to notify their employers within 30 days of any traffic violation other than a parking ticket and regardless of whether the vehicle involved was a commercial vehicle or other vehicle. 

Who Can Be Held Liable in a Drunk Driver Truck Accident?

Parties who may be potentially liable for this type of accident include the drunk truck driver and the trucking company that employs the driver. Commercial truck drivers know that they should not drive a commercial motor vehicle after drinking, taking drugs, or using prescription medications that impair their ability to drive safely. When they choose to drive while impaired, they act recklessly and can be held responsible for the harm they cause. 

Additionally, the trucking company that hired the truck driver with a DUI can be held responsible. Employers are generally responsible for the negligent actions of their employees. Additionally, trucking companies that hire drivers with DUI convictions may be liable for not hiring truck drivers with a clean driving record. A knowledgeable personal injury attorney can help determine which parties may bear responsibility for the accident.

How to Prove Drunk Driving Caused the Truck Accident

The personal injury lawyers of our law firm have extensive experience pursuing maximum compensation for personal injury claims. The truck accident lawyers at Salvi Schostok & Pritchard, P.C. will help to gather crucial evidence to support your truck accident case, including:

  • The accident report from the law enforcement agency that investigated the crash
  • Photos or videos of the scene of the truck crash
  • Medical or legal records that indicate the driver was impaired at the time of the truck collision
  • Eyewitness statements about the truck driver’s actions leading up to the accident
  • Employment records that indicate the employer or trucking company was aware of the driver’s history of drug or alcohol use
  • Video surveillance or footage from nearby businesses or traffic cameras
  • Black box data from the truck that suggests impairment, such as a lack of braking immediately before the truck crash 

What Damages Can You Seek in a Drunk Driving Truck Accident?

If you were injured in an accident involving a drunk truck driver, you may be able to recover compensation for:

  • Payment for medical bills and future medical expenses
  • Lost wages from time you missed from work
  • Reduced earning capacity in serious accident cases
  • Costs to repair or replace your vehicle
  • Disfigurement, scarring, or permanent disability
  • Pain and suffering
  • Diminished quality of life

You might also be able to recover punitive damages, which are sometimes awarded to punish drunk drivers for their reckless behavior. If a commercial truck driver who drinks and drives is considered to have been reckless and shown complete disregard for the safety of other passengers on the road, punitive damages may be awarded. Punitive damages can be equal to several times the actual damages.

How Long Do You Have to File a Drunk Driving Accident Claim?

Truck crash victims generally have only two years to file a drunk driving accident claim against the at-fault driver or trucking company. However, because valuable evidence of the driver’s impairment may be quickly lost or destroyed, victims in truck crashes should seek legal representation as soon as possible to protect their legal rights.

Contact the Experienced Chicago Drunk Driving Accident Lawyers at Salvi Schostok & Pritchard, P.C. for Immediate Help

At Salvi Schostok & Pritchard, P.C., our truck accident lawyers fight aggressively to recover maximum compensation when drunk driving accidents harm the members of our community. We have successfully recovered more than $2.0 billion for our deserving clients. We are ready to fight for you.

Contact us today for a free initial consultation to learn more about how we can help.