Impaired driving by truck drivers is a serious threat to the safety of the general public. Commercial trucks can weigh as much as 80,000 pounds and in the event of an accident, the results are often catastrophic. Many victims sustain severe injuries that may require ongoing medical care.
If you were harmed in a truck accident caused by impaired driving, our Windsor truck accident lawyers may be able to help. We are prepared to investigate your claim and gather evidence to determine if drug or alcohol impairment caused or contributed to the accident. The truck driver may be liable for your injury.
Canada’s Impaired Driving Laws
Canada’s impaired driving law makes it illegal for a driver to operate a vehicle when their ability to safely operate it has been compromised to any degree by consuming alcohol or drugs. The maximum blood alcohol concentration for drivers is 0.08 percent, but a person can be considered impaired with a far lower reading than this.
Additionally, commercial drivers are prohibited from having any alcohol or drugs in their system when operating a commercial vehicle. Drivers will face an immediate three-day licence suspension and a $250 penalty for their first offense. Second-time offenders will face a three-day licence suspension, a $350 penalty and be required to attend a mandatory education program.
Third and subsequent offences within five years will result in a three-day suspension, $450 penalty, requirement to attend a mandatory treatment program, requirement to use an ignition interlock device for at least six months and the requirement to undergo a mandatory medical evaluation. Drivers who are convicted in court can face additional penalties.
Drug and Alcohol Use by Truck Drivers
Truck drivers who work long hours and operate their vehicles for longer periods of time without stopping can be financially beneficial for both drivers and trucking companies. Truck drivers may use drugs or alcohol to stay awake longer, log in more miles and deliver cargo to their destination faster in order to obtain bonuses.
Unfortunately, this type of activity can lead to serious effects on a driver’s ability to operate their vehicle safely, such as:
- Delayed reactions
- Poor judgment
- Slower reflexes
- Reduction in perception
- Difficulty concentrating
Evidence Used to Prove Drug or Alcohol Use
After being involved in an accident, it is important to call the police to report it. This can help ensure that you receive medical assistance for any injuries you sustain. Additionally, law enforcement can investigate the accident.
Law enforcement officers are trained to detect impairment and can test commercial truck drivers for drugs or alcohol by administering tests such as:
- Field sobriety tests
- Breath tests
- Blood tests
- Urine tests
- Drug recognition evaluations
- Oral fluid sample tests
The evidence that law enforcement collects during an investigation can be used to help strengthen your claim for compensation.
Compensation for Truck Accidents Caused by Impaired Driving
Victims injured by an impaired truck driver may be able to pursue compensation for any damages suffered, including:
- Property damage
- Medical expenses
- Lost wages
- Loss of earning capacity
- Loss of companionship
- Pain and suffering
- Mental anguish
- Emotional distress
Due to the catastrophic nature of these types of accidents, potential compensation could be significant. Many truck accident cases are resolved through settlements, especially when it is clear the driver’s impairment caused or contributed to the accident. An experienced truck accident lawyer could help you fight for fair compensation.
Contact Us to Get Started on Your Claim
Commercial drivers are required to drive safely without any type of impairment. When they violate this duty, they should be held accountable for their careless actions.
Our legal team at Greg Monforton and Partners has represented many injury victims and their families over the years and have successfully recovered millions in compensation for our clients.
We offer a free, no-obligation consultation to discuss your rights and legal options. We do not charge fees for our services unless you obtain a recovery.
Contact our office today at (866) 320-4770.