(845) 802-0047When we think of New York trucking accidents, we think of driver mishaps like taking too wide of a turn, negligently backing up, or rear-ending other vehicles. We may not think about DUI crashes when we think of 18 wheeler wrecks. But the sad truth is that many New York trucking accidents are caused by a truck driver who is impaired by alcohol. These big rig crashes are completely avoidable and preventable if a truck driver did not drive under the influence of alcohol. While victims of DUI crashes with commercial trucks have the same protections as victims of DUI crashes with passenger vehicles, truck accident victims also have federal regulations and protections to help ensure their rights are protected.
Indeed, the Federal Motor Carrier Safety Administration (FMCSA) has promulgated an extensive matrix of federal regulations which govern how truck drivers and trucking companies operate a commercial vehicle anywhere in the United States. These regulations contain significant prohibitions on alcohol use for truck drivers, as well as mandatory alcohol testing procedures by trucking companies. In addition, these regulations deputize trucking companies to ensure their truck drivers are not operating commercial vehicles like big rigs, 18 wheeler, semi-tractor trailers, tankers, and other box trucks while under the influence of alcohol.
Outright Alcohol Prohibitions
Under FMCSA regulations, no truck driver shall use or be under the influence of alcohol within four hours of before going on duty or operating a commercial vehicle. This means that a truck driver’s personal and private time is invaded by the federal regulations to ensure that no alcohol is consumed or that a truck driver is even under the influence of alcohol within that four-hour window.
Once a truck driver is on duty, a truck driver cannot consume alcohol while on shift or on duty. In fact, except for limited exceptions, a truck driver cannot even possess alcohol while on shift or on duty.
These federal regulations are in addition to New York law, which further prohibits any motorist from operating any vehicle while under the influence of alcohol. This prohibition is stronger for drivers of commercial vehicles, as drivers of passenger vehicles must have a BAC below .08 whereas drivers of commercial vehicles must have a BAC below .04. Since the federal regulations are more restrictive at no alcohol, even though New York allows a BAC of .04 the federal regulations apply which mean no commercial vehicle driver can have a BAC above 0.
DUI Crashes and Liability for New York Trucking Accidents
If a truck driver operates a commercial vehicle in New York and causes an 18 wheeler wreck while under the influence of alcohol, the truck driver will have violated FMCSA regulations and may have violated New York law. A personal injury victim may be entitled to use this violation to prove liability. There are two ways to do this.
First, a victim may use the doctrine of negligence per se by establishing that a truck driver violated written laws that are statutory (legislatively-made laws) or regulatory (agency-promulgated rules). Under the doctrine of negligence per se, a violation of a written law which causes harm to a victim that the law was intended to protect may result in an automatic finding of negligence against the violator. Thus, when a truck driver operates a commercial vehicle in violation of New York law (above BAC 0.4), he or she will automatically be found negligent. The same is true of the FMCSA regulations. However, if a truck driver has a BAC between 0 and 0.4, he or she will have violated the FMCSA regulations and not New York law. In this instance, the violation of a regulation is the only evidence of negligence—it is not automatic. This is still a very powerful violation, but it requires the victim to have to prove more against the truck driver.
Second, victims of DUI crashes may establish a truck driver was negligent under the common law (judge-made law). Under New York common law, all motorists must use reasonable care in the use and operation of their motor vehicle. This standard of reasonableness is flexible and usually open to debate in a personal injury matter. However, when a motor like a truck driver causes a semi tractor-trailer wreck due to alcohol use, a truck driver is generally going to found to not having used reasonable care. Therefore, DUI crashes are likely to result in a common law finding of negligence against the truck driver. This allows a victim to possibly recover compensation for his or her injuries.
Mandatory Alcohol Testing After Certain New York Trucking Accidents
Whether or not alcohol is a suspected cause of a New York trucking accident, a truck driver must be tested for alcohol after certain types of crashes. This is again required under the FMCSA regulations, but may also be required under New York law where law enforcement requests alcohol testing.
The required instances for alcohol testing after a trucking accident include the following:
- If the truck driver gets a ticket/citation from law enforcement and either:
- There were serious personal injuries which required immediate medical treatment away from the scene of the accident (i.e., a hospital), OR
- a disabled vehicle must be towed from the accident scene.
- If there was a fatality in the trucking accident.
Victims of DUI Crashes in New York with Commercial Trucks Need Our Help
If you or a loved one were seriously injured or if a loved one was wrongfully killed in a New York trucking accident involving a truck driver who was driving under the influence of alcohol, please call to schedule a FREE consultation to learn what your rights are and how we can protect them. No matter how much or how little alcohol a truck driver had in his or her system, any amount of detectable alcohol is a federal violation which may result in a strong showing of liability. DUI crashes are completely preventable and should never happen if truck drivers comply with both New York law and federal regulations.