Recovering Compensation from a Drunk Truck Driver in Illinois

 Posted on May 07, 2021 in Truck Accidents

It is an unfortunate reality that many people choose to drive under the influence of alcohol and other drugs, putting themselves and others at risk of serious injury or death. While this problem is more prevalent among drivers of passenger vehicles on their personal time, some commercial truck drivers also operate under the influence while they are on the job. Accidents involving drunk truck drivers can have especially dire consequences, as their large vehicles are capable of causing extensive damage. If you or a loved one was injured by an intoxicated truck driver, it is important to ensure that you are compensated fairly.

Gathering Evidence of a Truck Driver’s Negligence

Truck driver intoxication can happen due to alcohol consumption, the use of illegal drugs, or the abuse of prescription medication. In many cases, it is possible for accident victims to access evidence establishing these various forms of intoxication in order to bolster their claim for compensation. However, it is important to act quickly.

You should call the police immediately after a crash so that they can create an accident report. If law enforcement suspects that the truck driver is intoxicated, they may also ask the driver to submit to a preliminary breath test at the scene of the accident, which can detect the presence of alcohol in their bloodstream. An officer may also arrest a truck driver on DUI charges, after which the driver is required to submit to chemical testing which can detect other controlled substances. An experienced attorney can help you work with law enforcement to access police reports and test results to use as evidence to demonstrate negligence in your personal injury case.

Can the Truck Driver’s Employer Be Liable?

Evidence of intoxication is often sufficient to establish the truck driver’s negligence, but there are cases in which a trucking company could also be liable for the actions of its driver. For example, it may be possible to demonstrate that the driver had a history of substance abuse or driving under the influence that the employer should have been aware of. It may also be possible to show that the employer failed to follow drug and alcohol testing regulations from the Federal Motor Carrier Safety Administration and that this failure led to an unsafe driver being allowed on the road.

Contact a Lake County Truck Accident Lawyer

Personal injury cases involving commercial truck drivers can be complicated, especially when alcohol or drugs are a factor. At Salvi & Maher, L.L.C., we can help you gather the evidence you need to establish negligence and provide confident representation for you in a settlement negotiation or trial. For a free consultation, contact our Waukegan, IL personal injury attorneys today at 847-662-3303.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh%2E+6+Art%2E+V&ActID=1815&ChapterID=49&SeqStart=92200000&SeqEnd=95600000

https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing/overview-drug-and-alcohol-rules-employers