Driving under the influence of drugs is illegal in every state including Louisiana; however, drugged driving is still a problem throughout the United States. Driving under the influence of drugs is a particular problem for the trucking industry. Accidents involving commercial truck drivers typically result in catastrophic injuries for the occupants of other vehicles.
More than 70 percent of all injuries and fatalities in truck accidents are sustained by occupants of the other vehicle involved in the crash. Therefore, we need to do everything we can to prevent the use of drugs by truck drivers to reduce the risk of a commercial truck accident.
How Many Truck Drivers Use Drugs?
More truck drivers are using drugs now than during the 1990s according to information from the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA found that truck drivers in almost two percent of fatal commercial truck accidents tested positive for drugs from 1996 through 2001.
Even though the FMCSA has strict guidelines regarding the use of drugs by truck drivers including drug testing policies, data released by the FMCSA in 2014 revealed that drug use among commercial truck drivers had increased. In fatal commercial truck accidents during 2012, four percent of drivers tested positive for at least one drug.
Victims’ Rights in Commercial Truck Accidents
When a commercial driver causes a truck accident, the victims have certain rights under Louisiana’s personal injury laws. In some cases, the trucking company may also be held accountable for damages in a commercial truck accident. If the driver was under the influence of drugs at the time of the accident, this may create an assumption that the truck driver is at fault for the accident regardless of whether he is convicted of drugged driving.
However, the fact that the truck driver was under the influence of drugs at the time of the accident is not conclusive proof of fault. You still must prove that the driver was to blame for the accident in order to receive compensation for your injuries. An experienced personal injury attorney understands how to obtain the necessary toxicology reports from law enforcement and how to use those reports in conjunction with other evidence obtained from the accident scene to prove fault. Once fault is established, the attorney can make a claim for compensation.
Compensation available under Louisiana personal injury laws include:
- Medical bills
- Lost wages
- Property damage
- Funeral expenses in the case of a death
- Physical pain, mental anguish, and emotional suffering
- Personal care and/or long-term medical care
- Disfigurement, scarring, and permanent disability
The compensation you may be entitled to receive will depend on the facts in your case. Our NoLA car accident attorneys can discuss the compensation you may be entitled to receive during your free consultation.
Injured By A Truck Driver? Contact a New Orleans Truck Accident Attorney Now
You have a limited time to file a claim for a commercial truck accident. Contact the NoLA personal injury attorneys of The Olinde Firm by calling (504) 587-1440 or 1-800-587-1889 to schedule a free legal consultation. You are under no obligation when you come into our office for your free consultation. Get answers to your questions and find out how to protect your right to receive a fair and just settlement for your claim.