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“I was in a bad accident and heard from many people that the attorneys and staff at Poisson, Poisson & Bower, PLLC are good people. Mr. Fred [Poisson] had previously helped my brother when he was injured so I called and hired them to help me. Everyone that worked there was nice to me and would accommodate me anyway they could. I would and have recommended others to hire the Poissons if they ever get injured. Fred and Davis Poisson helped in any way they could. They gave good advice and advised me not to settle my case for less than it was worth. Davis and Stewart Poisson worked really good as a team and tried my case and I was really happy with the final outcome.”
─ B.B., Troy, NC
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Driving under the influence is a serious problem throughout the United States, and the Wilmington area is no exception. With Highway 74, Highway 17 (Ocean Highway East), Highway 421, and Interstates 40 and 140 serving Wilmington, large trucks make up a significant portion of the traffic on our roads. When truckers under the influence of drugs or alcohol get behind the wheel, they can cause devastating accidents that leave victims with life-altering injuries.
Under federal regulations, truckers are prohibited from having any measurable amount of drugs or alcohol in their system while on the job. If you suffered injuries in a crash caused by an impaired truck driver in Wilmington, the experienced truck accident lawyers at Poisson, Poisson & Bower, PLLC, are ready to fight for your right to compensation.
Contact us today to learn how we can help you during a free legal case review.
Federal Regulations Hold Truckers to a Higher Standard
The Federal Motor Carrier Safety Administration (FMCSA) has strict regulations in place that govern the trucking industry and its drivers, including rules related to drug and alcohol use. Under the FMCSA rules, employers must maintain drug and alcohol testing programs for all commercial motor vehicle drivers. The program includes conducting drug testing pre-employment, during random periods, post-accident, when there is reasonable suspicion, and when a trucker returns to duty after a violation.
Truckers must submit to random drug tests throughout the year to ensure they are not under the influence while driving. Truck drivers may be tested more frequently depending on their employer, but the Department of Transportation (DOT) requires at least one random test per year.
Commercial drivers in North Carolina also face stricter rules for blood alcohol levels. The legal limit for commercial truck drivers is a blood alcohol content of 0.04 percent – much less than the 0.08 percent limit for other motorists.
How Common Is Drug and Alcohol Impairment for Truckers?
Drug and alcohol impairment is an ongoing problem among truckers, with studies showing that it’s more common than many people might think. Researchers analyzed survey results and drug tests from commercial drivers in 36 studies worldwide, including the U.S. They found that when drivers were asked, about half admitted to drinking and driving, and around 30 percent admitted to using amphetamines. When tested, 8 percent of drivers had positive results for amphetamines, while 3 to 4 percent had positive results for alcohol. The U.S. had the highest frequency of positive alcohol tests worldwide, with 12.5 percent of drivers testing positive.
These numbers suggest that drug and alcohol use is widespread among truckers, and it’s important to be aware of the risks associated with impaired trucker accidents.
How Our Wilmington Truck Accident Lawyers Can Investigate Impaired Truckers
At Poisson, Poisson & Bower, PLLC, we are committed to holding negligent truckers accountable for their actions and fighting for justice on behalf of victims of truck accidents. Our Wilmington truck accident lawyers have the experience, resources, and skills to investigate your case thoroughly and determine who is at fault for your accident.
To investigate impaired truckers, we frequently gather and use the following types of evidence:
- Police accident reports
- Medical and toxicology results
- Statements from eyewitnesses who saw the crash
- Videos from nearby surveillance cameras, traffic cameras, or dashcams
- The trucker’s driving record
- The truck’s “black box” data
Who Is Liable for a Crash Caused by an Impaired Trucker in Wilmington?
Because the trucking industry comprises multiple individuals and companies, more than one party may be liable for a crash caused by an impaired trucker.
The following parties or entities may be responsible:
- The truck driver
- The trucking company that employs the driver
- The truck’s owner, if the trucking company does not own it
- A restaurant or bar that overserved the trucker
- Another driver that may have contributed to the crash
What Compensation Could I Recover After a Crash with an Impaired Truck Driver
You might be eligible to pursue compensation if you suffered injuries in a crash with an impaired truck driver. You could seek financial relief for the following losses:
- Medical bills – All past and future medical treatment related to your injuries from the accident, including hospital stays, doctor’s visits, diagnostic tests, prescription medication, physical therapy, and medical equipment
- Lost income – Lost income due to time off from work to recover from your injuries
- Loss of future earning capacity – Loss of future income and benefits if your injuries result in a permanent disability or impairment that prevents you from returning to work or being gainfully employed
- Pain and suffering – Physical pain and suffering caused by your injuries from the crash
- Loss of quality of life – Loss of enjoyment due to the inability to participate in daily tasks or hobbies due to injuries
- Property damage – Costs to repair your car or the value of your car if it was totaled in the truck accident
- Incidental costs – Costs associated with travel to and from medical appointments, for example
How Our Wilmington Impaired Truck Driver Lawyers Can Help You
At Poisson, Poisson & Bower, PLLC, our experienced truck accident lawyers can help you seek the justice and compensation you deserve after a crash with an impaired truck driver. We have the resources, knowledge, and experience necessary to help your case in the following ways:
- Gathering evidence to prove that the truck driver was under the influence during the crash and is liable for your injuries, such as photos from the accident scene, toxicology results, employment records, black box data, eyewitness statements, and expert testimony
- Identifying all possible sources of compensation, including insurance coverages, to help you pursue maximum financial relief
- Handling all the necessary paperwork associated with your case and ensuring it gets filed promptly and correctly
- Communicating with the trucking company, insurers, and other parties on your behalf
- Negotiating with insurance companies to pursue a full, fair settlement
- Taking your case to trial, if necessary, to advocate for your rights and get you the best outcome
Get Our Wilmington Truck Accident Law Firm Behind You
If you suffered injuries in a truck accident caused by an impaired driver, the experienced attorneys at Poisson, Poisson & Bower, PLLC, want to help. Our team of Wilmington truck accident lawyers has decades of experience advocating for accident victims and their families, and we are committed to seeking compensation for our deserving clients.
Contact us today for a free consultation to learn more about how our Wilmington-impaired truck driver lawyers can help you.