If you’ve been injured in an impaired commercial truck driver accident in Tulsa, you may be entitled to compensation from the at-fault parties.
Commercial trucks can weigh up to 80,000 pounds when fully loaded, and drivers must follow federal safety standards to prevent accidents. When a commercial truck driver operates a massive vehicle while intoxicated, the consequences can be severe.
A Tulsa drunk driving truck accident lawyer from Cain Law can investigate what happened, identify who may be responsible, and pursue compensation for your injuries. Contact us now for a free consultation.
How Cain Law Investigates Tulsa Truck Accidents Involving Impaired Drivers
Cain Law has recovered more than $250 million for injured people in Oklahoma. Some of our notable truck accident case results include three settlements and jury verdicts exceeding $3 million each. Every case is different, and past results do not guarantee future outcomes, but our team is prepared to investigate your accident and pursue the maximum compensation you deserve.
As part of the investigation, our Tulsa truck accident lawyers can:
- Investigate the crash and preserve important evidence
- Review available alcohol and drug testing records
- Review the driver’s employment and driving history
- Examine electronic truck records and gather witness statements
- Identify other potentially responsible parties
Cain Law offers free initial consultations and handles personal injury cases on a contingency-fee basis, so you owe nothing unless the firm recovers compensation for you.
Check out some of the positive testimonials we have received from past clients to find out more about what it is like to work with us. For example, one satisfied client shared:
“Mr. Cain’s office is filled with kind, knowledgeable, and helpful staff who guided me through every step of the process and made sure I understood what to expect. They were able to help me receive compensation for my accident, and I truly appreciate all of their hard work.”
Why Alcohol or Drug Use Is Especially Dangerous for Truck Drivers
Commercial trucks are large and heavy, so they require more stopping distance, cannot easily make tight turns, and have extensive blind spots. The use of alcohol or drugs, including some prescription medications and over-the-counter drugs, can significantly affect a person’s ability to drive safely, especially given the added challenges of driving a commercial vehicle.
An impaired truck driver may have difficulty paying attention to surroundings, experience delayed reaction times, have poor judgment, or face many other challenges that could lead to an intoxicated truck driver crash. Since semi-trucks and other commercial motor vehicles are much heavier than passenger cars, drunk driving truck accidents can have especially devastating consequences.
What Alcohol Testing May Show After a Commercial Truck Crash
The Federal Motor Carrier Safety Administration (FMCSA) requires drug and alcohol testing following certain types of commercial truck crashes. A positive alcohol or drug test could provide evidence that a substance was present in the truck driver’s system at the time of the crash.
Commercial drivers must not perform safety-sensitive duties with a BAC of 0.04 percent or higher. In addition to toxicology reports, other types of evidence, such as witness statements, electronic records, driver observations, and other circumstances surrounding the crash, can help investigators determine whether impairment contributed to the accident.
When the Trucking Company May Share Responsibility
In some accidents, multiple parties may be responsible for the resulting injuries and losses. Trucking companies must comply with FMCSA drug and alcohol testing requirements, including pre-employment and random testing for covered truck drivers. Truck drivers who have violated certain drug and alcohol regulations may also be required to complete additional testing before returning to duty.
In addition to vicarious liability for its employee’s negligence, a trucking company may be legally responsible if it knew or reasonably should have known about the truck driver’s drug or alcohol use, failed to follow required testing procedures, or encouraged or permitted unsafe practices. Reviewing the company’s records may help determine whether it contributed to the crash.
Damages You Can Recover If the Truck Driver Was Impaired by Drugs or Medication
If evidence shows that the truck driver was impaired when the accident occurred, you may be able to file a drunk driving truck accident claim to pursue compensation for:
- Medical expenses for treatment and rehabilitation
- Lost wages
- Reduced future earning capacity
- Pain and suffering
- Diminished enjoyment of life
- Permanent disability, disfigurement, and scarring
- Property damage
Additionally, Oklahoma law under 23 Okla. Stat. § 9.1 allows punitive damages when the statutory requirements are met. Punitive damages are intended to punish particularly egregious conduct and discourage similar behavior.
The amount and types of damages available depend on the injuries and circumstances of the accident. Our personal injury attorneys can investigate the crash and determine what compensation you may be able to pursue in a truck accident case.
Contact a Tulsa Drunk Driving Truck Accident Lawyer Today
If you were injured in a truck accident caused by a drunk driver, don’t wait to learn about your legal options. Cain Law offers free initial consultations. Our rapid-response team can begin investigating your accident immediately, even if that means meeting you at home, in the hospital, or wherever you are. Taking early action may help preserve important evidence that could otherwise be lost.
In pain? Call Cain. Contact us now for a free consultation. We operate on a contingency basis, meaning we will not collect any payment unless we recover compensation for your serious injuries.
Frequently Asked Questions
Is the BAC limit different for commercial truck drivers?
Commercial truck drivers are subject to stricter federal alcohol standards than ordinary motorists. Under FMCSA regulations, a commercial driver with a BAC of 0.04 or higher may not perform safety-sensitive functions. Drivers with a BAC between 0.02 and 0.04 must also be removed from those duties for 24 hours.
Can a trucking company be responsible for a drunk truck driver?
A trucking company may share responsibility for a crash caused by a drunk driver, depending on the circumstances. The company could potentially be liable if it knew or should have known about the driver’s impairment, failed to follow required testing procedures, or otherwise contributed to the crash. In addition, employers are typically vicariously liable for the negligence of their employees.
What if the truck driver was using drugs instead of alcohol?
A truck driver who is impaired by drugs may be responsible for a crash. Federal regulations restrict commercial drivers’ use of controlled substances and require drug testing in certain circumstances.
Should I wait for the criminal case before filing an injury claim?
A criminal case and a personal injury claim are separate legal matters, so you generally do not need to wait for the criminal case to conclude to begin building your civil claim. It is important to begin investigating the crash and preserving evidence promptly.