Have you been injured in a truck accident caused by drug or alcohol use in Charleston, South Carolina? Ty Robinson Personal Injury & Car Accident Law Firm can help when you call (843) 278-2222. We offer a free consultation with a Charleston truck accident lawyer, giving you the opportunity to understand your rights and explore options for seeking compensation.
Truck driver impairment poses a major risk on Charleston’s roads, often leading to devastating crashes. When truckers operate under the influence, innocent motorists can suffer life-changing injuries. A knowledgeable accident lawyer can explain the laws that govern commercial drivers and fight to hold the negligent parties accountable. Reach out to us today.
Why Choose Ty Robinson Personal Injury & Car Accident Law Firm for Help After a Truck Accident in Charleston, SC?
At Ty Robinson Personal Injury & Car Accident Law Firm, we understand how overwhelming a truck accident in Charleston, SC, can be. Our team has spent years fighting for injured people, and we bring both experience and compassion to every case.
Here are a few reasons clients continue to place their trust in our Charleston personal injury lawyer:
- We have the perspective and insight needed to take on complex trucking accident cases.
- We’ve recovered millions of dollars for clients throughout South Carolina, helping families cover medical costs, lost wages, and long-term care needs.
- We don’t stop at the driver—we also hold trucking companies accountable when they ignore federal safety rules or allow unsafe practices to continue.
- Every case we handle is focused on the client’s well-being, from negotiating fair settlements to pursuing trial verdicts that reflect the true value of their losses.
If you’re looking for an experienced DUI accident attorney, you deserve a team that knows how to get results while treating you with care. Call today to arrange a free consultation and learn more about how we can help.
Federal Rules Governing Truck Driver Substance Use
The Federal Motor Carrier Safety Administration (FMCSA) has strict rules about drug and alcohol use for truck drivers. These rules are designed to keep dangerous drivers off the road and protect public safety.
Truck drivers are held to stricter standards when it comes to alcohol and drug use. Federal law prohibits commercial drivers from operating a truck with a blood alcohol concentration (BAC) of 0.04% or higher, half the legal limit for non-commercial drivers. Drivers are also barred from consuming alcohol within four hours of going on duty or while operating a commercial vehicle.
The presence of any illegal drugs in a truck driver’s system is grounds for immediate disqualification. To enforce these rules, the FMCSA requires random drug and alcohol testing. Carriers must test a specified percentage of their drivers each year without notice, helping to keep impaired drivers off the road and reduce crash risks.
Signs of Impaired Truck Driving
Recognizing the signs of an impaired truck driver can help you stay safe on the road. Impaired drivers often show specific behaviors that alert others to potential problems. Knowing these warning signs can help you keep your distance from dangerous drivers.
Common signs of impairment include:
- Swerving between lanes or drifting out of their lane
- Driving much slower or faster than normal traffic
- Making sudden, unexpected movements or turns
- Following other vehicles too closely
- Braking erratically or unnecessarily
- Failing to signal when changing lanes or turning
If you notice these behaviors, maintain a safe distance and consider reporting the driver to authorities. Don’t try to pass an erratic driver unless you can do so safely and quickly.
What Are the Legal Consequences for Impaired Truck Drivers?
Truck drivers who operate under the influence face serious legal consequences that can end their careers. The penalties are much more severe than those faced by regular drivers because of the increased danger they pose to public safety.
Penalties for impaired commercial driving include:
- First offense: Immediate ban from commercial driving for one year
- First offense with hazardous materials: Three-year ban
- Second offense: Lifetime ban from commercial driving
- Criminal charges: Possible DUI to vehicular manslaughter charges depending on circumstances
According to 49 CFR 383.51, drivers who receive a second conviction for impaired driving can never again obtain a commercial driver’s license.
How Impaired Driving Affects Truck Accident Cases
When an impaired truck driver causes an accident, it makes the case stronger for victims seeking compensation. Impairment provides clear evidence of negligence and can support claims for punitive damages. Insurance companies and juries take these cases very seriously.
Proving impairment typically involves several types of evidence. Police reports documenting field sobriety tests or chemical testing provide strong evidence. Witness testimony about erratic driving behavior can also support impairment claims.
Trucking company records may reveal patterns of poor supervision or inadequate screening. If a company fails to test its drivers properly or ignores warning signs of substance abuse, it may face additional liability.
What To Do if You’re Hit by an Impaired Truck Driver in Charleston
Being struck by an impaired truck driver is a frightening experience, but knowing the right steps to take can protect both your health and your legal rights.
Here are some important actions to keep in mind after a truck crash:
- Prioritize safety and medical care: Call 911 immediately to report the accident and request medical assistance for anyone who is hurt. Even minor injuries should be evaluated, since they can worsen over time.
- Document the accident scene: Take photos of the vehicles, any damage, skid marks, and the overall environment. Write down details about the other driver’s behavior and note any signs of possible impairment, such as slurred speech or the smell of alcohol.
- Do not confront the driver: Avoid accusing or arguing with the truck driver. Instead, allow law enforcement to investigate and conduct testing. Your observations may help later, but the official investigation should be handled by professionals.
Taking these steps after a collision with an impaired truck driver helps ensure your safety while also preserving evidence that could be vital for your case.
Contact Our Experienced Charleston Truck Accident Attorney for a Free Initial Consultation Today
At Ty Robinson Personal Injury & Car Accident Law Firm, we are committed to protecting the rights of accident victims. An experienced Charleston truck accident lawyer can review your situation, explain your options, and help you pursue fair compensation.
If you were injured in Charleston by an impaired truck driver, we are ready to fight for the recovery you deserve. Call today to schedule your free case evaluation and take the first step toward justice.