Truck Driver Drug and Alcohol Use in the Bronx, NY

Driving under the influence of drugs or alcohol is dangerous in any scenario, whether you’re riding a bicycle or operating a motor vehicle. However, driving an 80,000-pound semi-truck under the influence can result in disastrous consequences.

If you’ve been involved in an accident caused by a truck driver’s drug or alcohol use in the Bronx, NY, you need an experienced legal advocate on your side. Oresky & Associates, PLLC is here to take on your commercial truck accident case while you focus on recovering, call us at (718) 993-9999.

Our Bronx truck accident lawyers have over 30 years of experience representing personal injury victims. We’ve acquired over $400 million in life-changing insurance settlements and verdicts, and we’re ready to get the maximum compensation for you.

Contact our law office in the Bronx, New York today to schedule a free consultation. We’ll provide honest legal advice and explain your options for recovering compensation in a truck accident claim or lawsuit.

How Oresky & Associates, PLLC Can Help After an Accident Caused By Truck Driver Drug or Alcohol Use in the Bronx

Truck accident cases are complex. Multiple parties may be involved, and complicated state and federal trucking regulations may affect your claim. It’s unwise to try to deal with a commercial vehicle claim on your own.
The Bronx personal injury lawyers at Oresky & Associates, PLLC know how to handle difficult truck accident cases. We’ll fight to recover compensation for the full extent of your damages, including medical bills, lost wages, and mental anguish.

When you hire our award-winning attorneys to represent you in your Bronx truck accident case, we’ll:

• Investigate your semi-truck accident and identify all parties who may be liable
• Gather evidence to prove that the truck driver was under the influence at the time of the collision
• Coordinate with state and federal agencies in the investigation of your accident
• Negotiate and communicate with insurance and trucking companies on your behalf
• Consult accident reconstructionists and trucking experts to build a solid case
• Take your case to a Bronx County court if the opposing parties refuse to offer a fair settlement

You don’t have to take on trucking companies and their insurance providers alone. Contact Oresky & Associates, PLLC for a free initial consultation to see how we can help after your tractor-trailer accident.

How Common Are Accidents Involving Truck Driver Drug and Alcohol Use?

According to data from the Federal Motor Carrier Safety Administration (FMCSA), 6% of truckers involved in fatal crashes in 2019 tested positive for at least one drug. However, 59% weren’t tested, so the percentage of impaired drivers involved in fatal truck collisions is likely much higher.

The NHTSA reported that nationwide, 3% of fatal truck accidents in 2020 involved alcohol. New York State was slightly below the national average, with 2% of the statewide deadly truck accidents involving alcohol impairment.

What Are the Drug and Alcohol Testing Requirements For the Commercial Trucking Industry?

The FMCSA governs commercial trucking under Title 49 of the Code of Federal Regulations (CFR). Part 382 and Part 40 outline the alcohol and drug testing requirements that commercial trucking companies must adhere to and the consequences of substance abuse violations.

Drivers with a commercial driver’s license (CDL) who drive commercial vehicles must be regularly tested for controlled substances and alcohol by their employer.

Some of the requirements truck driver employers must comply with include:

• Testing new drivers before allowing them to operate a truck
• Testing drivers after they’re in a traffic accident that causes death
• Testing drivers if they receive a traffic citation for an accident causing an injury or disabling damage
• Randomly testing drivers
• Testing drivers who appear to be under the influence (reasonable suspicion testing)
• Suspending drivers who fail a test or refuse to take a test
• Testing drivers who have returned to duty after being suspended for testing positive, refusing a test, or violating any substance abuse-related rules
• Follow-up testing on drivers who have returned to duty after a violation

In addition to drug testing programs, employers must enact policies on misusing alcohol and drugs and ensure that all drivers have access to the information. Supervisors must undergo training so that they know the signs of drug or alcohol impairment.

What Types of Injuries Result From Accidents Caused By Truckers Driving Under the Influence?

Because of the size and weight of a tractor-trailer, the injuries sustained in a truck accident can be debilitating and life-altering.

We’ve helped people who have suffered all types of injuries, including:

• Traumatic brain injuries
• Broken bones
• Back injuries
• Neck injuries, including whiplash
• Burns
• Chest injuries
• Seat belt injuries
• Internal organ damage
• Soft tissue injuries
• Catastrophic injuries
• And more

We’ll help handle your insurance claims while you focus on recovering from your injuries. Contact our Bronx truck accident attorneys today to get started.

Who Could Be Liable When a Truck Driver’s Drug or Alcohol Use Causes a Collision in New York?

You may think that because the truck driver was under the influence, they’ll automatically be responsible for any damages exceeding your PIP policy limits. However, that’s not always the case. The trucking company could be vicariously liable for the accident.

Trucking companies must hire competent truckers and regularly test them for drugs and alcohol. They can be liable for your damages if they’re negligent in following the trucking industry regulations outlined in Part 382 or Part 40, fail to enforce hours of service rules, or disregard other laws governing the trucking industry.

Contact Our Truck Accident Lawyers After a Collision Caused By Truck Driver Drug or Alcohol Use in Bronx, NY

Were you injured in an accident caused by a truck driver’s drug or alcohol use in the Bronx, NY? If so, you could be entitled to significant compensation for your medical expenses, lost earning capacity, and pain and suffering.

Contact the Bronx truck accident lawyers at Oresky & Associates, PLLC to schedule a free consultation and discuss your options for recovery.