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Commercial Vehicle DUI Accident Claims in California
Commercial vehicle DUI accident claims in California happen more frequently than one might think. Commercial drivers like truckers, cab drivers, bus and train operators, limo drivers, public transit operators and many other type of motor vehicle operations can all be subject to strict schedules that sometimes lead to substance abuse. What do the laws of the State of California and U.S. regulations say about the ability to file a lawsuit for personal injury or death related to a commercial vehicle being driven by an operator who is under the influence of alcohol or drugs?
Commercial Vehicle DUI Laws Imposed by Federal and CA State Standards
Under Cal. rules and regulations, commercial vehicle operators are subject to mandatory drug and alcohol screening. This includes persons who drive many different types of vehicles including the following:
- Motortrucks that have three or more axles and have a defined gross weight or length
- Buses: Including commercial and school buses, “school pupil activity buses”, “youth buses”, farm transport buses and other vehicles designed to transport multiple passengers
- Trucks carrying hazardous materials
These types of motor vehicle operators are subject to drug and alcohol testing on a regular basis and their employers are obligated to maintain complete and accurate records of such testing. (See Chapter 42 of the Code of Federal Regulations, Section 382 and following). California legal regulations require that these drivers not operate any type of driving or other “safety sensitive functions” with any, measurable amount of alcohol having been consumed within 4 hours of the operation of a commercial vehicle or other job duty that may endanger the public. Additionally, the California Code of Civil Procedure section 3333.7 states:
“Notwithstanding any other provision of law, any person who suffers injury that is proximately caused by the driver of a commercial motor vehicle shall be entitled to recover treble damages from the driver’s employer where it is shown both that the driver of a commercial motor vehicle was under the influence of alcohol or a controlled substance at the time that the injury was caused and that the driver’s employer willfully failed at the time of the injury to comply with any of the requirements of federal law described in subdivision (a) of Section 34520 of the Vehicle Code in regard to the involved driver.”
“Treble damages” are the basic compensatory damages to which an injury victim may be entitled with a multiplier as a “penalty” for willfully violating the law. This is designed to not only compensate the victim but to punish commercial trucking and transportation carriers who allow drivers to operate under the influence.
Importance of Retaining the Services of a California Personal Injury Attorney Familiar with DUI Motor Vehicle Accidents Involving Commercial Drivers
Without proper legal representation, it is nearly impossible to conduct the proper investigation into a commercial vehicle driver who may have been under the influence of alcohol or drugs at the time of a crash. Trucking companies and other commercial carriers have strong legal teams including those assigned to defend claims filed against their insurance carriers. Hiring a lawyer who is familiar with the processes and procedures for obtaining evidence necessary to prove a willful violation of the law can mean all the difference between being able to obtain maximum compensation or not. With proper representation by attorneys familiar with these rules and regulations, however, a victim of personal injury or the family of a wrongful death decedent can obtain needed compensation to pay medical expenses and replace lost income. In addition, penalties serve to deter similar, future conduct and make the roads safer for us all! If you are injured or a loved one is killed by a commercial truck or bus driver suspected of being DUI, contact our office for a free contact us statewide at 866-966-5240.