When an impaired driver gets behind the wheel of an 80,000 lb. 18-wheeler, the consequences can be catastrophic for others on the roadway.

Despite state laws and federal regulations against it, DUI and drug use truck accidents still occur.

Choose an attorney who understands the true value of your losses

If you have been seriously injured or lost a loved one in a collision caused by an impaired truck driver, your damages are likely to be significant. Large trucking companies and their insurers have teams of defense lawyers ready to fight against high-stakes claims. Every lawyer says they’ll fight for you, but not every lawyer understands the actual value of your case and how much insurance companies should be paying you. At The Swanson Law Group, we take care of our clients and take down insurance companies. We understand the full value of your losses and will not hesitate to make insurance companies pay at trial. 

How common is drug use among truck drivers?

Drug use among truck drivers was found to be high in a recent study published by the National Institutes of Health (NIH). Based on questionnaires, overall drug consumption was found to be at 27.6%. Researchers found a higher prevalence of drug consumption among truck drivers than among the general population, particularly for stimulants such as amphetamines and cocaine. The prevalence of cannabis use among commercial truck drivers was found to be relatively high at 5.9%. Marijuana has been found to impair cognitive and psychomotor performance, increasing the risk of road accidents. 

How many truck drivers operate big rigs under the influence?

In 2020, to better track drug and alcohol violations by commercial truck drivers, the Federal Motor Carrier Safety Administration (FMCSA) created the Drug and Alcohol Clearinghouse. This online database provides employers and government agencies with real-time information about commercial driver’s license (CDL) holders’ drug and alcohol violations. According to Clearinghouse’s monthly report for February 2022:

  • 59,170 overall drug and alcohol violations were recorded for 2021
  • 120,229 positive drug tests have identified substances such as marijuana, cocaine, and methamphetamine since 2020
  • 55,223 of these positive drug tests occurred in 2021
  • 8,725 drug and alcohol violations were reported in California
  • 113,667 CDL holders have at least one reported violation as of March 1, 2022

Who is liable for DUI and drug use truck accidents in San Jose?

A truck driver who was driving under the influence of drugs or alcohol and then caused a collision can be held liable for resulting injuries. The trucking company who hired the driver may be held accountable under vicarious liability, in which an employer can be held responsible for damages caused by its employees in the performance of their duties. Negligence on the part of the trucking company may also be established if it hired a driver with previous DUI convictions or failed to perform a thorough background check. 

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What compensation is available for a crash caused by an impaired truck driver?

Damages can be significant after a collision involving a large commercial truck and a much smaller passenger vehicle. Passenger vehicle occupants are much more likely to suffer serious or fatal injuries.

If you have been the victim of such a crash, you may be entitled to seek compensation for:

  • Medical expenses (past and future)
  • Lost earnings
  • Loss of earning potential
  • Pain and suffering
  • Emotional trauma
  • Mental anguish
  • Scarring and disfigurement
  • Permanent impairment
  • Loss of enjoyment of life
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We demand fair treatment for our clients

Our highly competent and integral team of truck accident attorneys in San Jose at The Swanson Law Group will investigate your accident to determine fault and liability and secure evidence to support your claim. We can assess the full extent of your damages, negotiate skillfully with insurance companies for the compensation you deserve, and make the insurance company pay full compensation at trial if necessary. After a free consultation, we can tell you what damages you may be entitled to claim. 

Our goal isn’t just to get you money; it’s to help you rebuild your life. From the day you hire us forward, we are your advocates and will guide you on the path to a brighter future. Our team is here to answer your questions and provide you with resources to help you improve your health, your finances, and your quality of life. Even after your legal case is resolved, we know that there are more challenges to come, so we stay in touch and help you keep moving in the right direction.

Get the help you need from a team you can trust

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