Drunk Driving Truck Accidents in New Braunfels
The trucking industry and drivers with commercial driver’s licenses (CDLs) transport goods, hazardous materials, and cargo around the country. While these massive vehicles are necessary, they also present a much higher risk of harm when crashes occur. Therefore, federal and state laws require the highest professionalism to prevent catastrophic truck wrecks.
Operating a tractor-trailer after drinking or using drugs is hazardous and highly negligent, and the blood alcohol content or BAC guidelines are stricter for truckers. Speak to a lawyer qualified to handle cases for drunk driving truck accidents in New Braunfels if you have questions or need help with a lawsuit.
Federal Alcohol Consumption Guidelines
Federal and state government agencies oversee the trucking industry and work to prevent hazardous driving practices on the roadways. The rules under the 49 Code of Federal Regulations § 392.5 strictly prohibit truckers from being under the influence or consuming any alcoholic beverages within four hours of clocking in for duty. While on duty, the regulations forbid commercial truck operators from having a BAC of 0.04 percent or higher rather than the maximum level of 0.08 percent allowable by law for passenger car drivers.
Alcohol and Drug Testing Requirements
Trucking companies must test commercial truck operators in the following circumstances:
- Employers must obtain a negative test before employing drivers
- Federal and state laws require alcohol and drug testing after accidents involving truckers
- Companies must conduct regular random testing to check for drugs and alcohol and testing throughout the year
- They must require testing when they have reason to suspect operators are under the influence
- Drivers suspended for failing or refusing a test must submit to return-to-duty testing before companies allow them to operate trucks
- Employers must also conduct follow-up testing for those previously suspended for violating the truck and alcohol-free regulations after they return to work
An attorney seasoned in handling drunk driving truck crashes in New Braunfels understands the requirements, including which records to collect to establish fault and collect compensation.
Proving Liability for Damages
After accidents involving commercial truckers, police officers on the scene conduct testing—including breath, blood, or urine tests—when they suspect the operator is under the influence. If the results are positive, the documentation is essential for establishing fault in civil court and holding them financially responsible for the damages.
Other evidence may include witness statements, expert testimony, and the report police officers provide after investigating the accident scene. A proactive drunk driving truck accident lawyer in New Braunfels can help gather the documentation and evidence needed to prove liability and collect a fair settlement.
Time Limit for Seeking Legal Action
Civil legislation sets a time limit for seeking legal action against someone for damages caused by negligence. In Texas, the claimant must file the lawsuit within two years of the collision caused by the impaired trucker or risk losing eligibility to collect compensation.
Contact a New Braunfels Attorney After a Drunk Driving Truck Accident
Intoxicated driving is reckless and unnecessary, and collisions are entirely avoidable. While all motorists face criminal penalties and civil liability, truckers face severe consequences, including but not limited to losing their CDL and career.
You have every right to take action, hold the negligent trucker responsible, and collect compensation if they caused a wreck after drinking. Schedule an appointment with a legal professional experienced with cases resulting from drunk driving truck accidents in New Braunfels to review your case and options.
