Substance abuse among truck drivers is a major concern across the United States, including in Colorado. 56% of motor vehicle accidents where someone is killed or badly injured involve an intoxicated driver. When truck drivers cause accidents due to impaired driving, it can have significant legal implications for accident claims in Colorado.
Prevalence of Substance Abuse Among Truck Drivers
Studies show that drug and alcohol abuse is widespread among truck drivers. One recent study found that 27.6% of commercial truck drivers used drugs, 21.3% of them using amphetamines and 2.2% cocaine. Marijuana and opioids are also commonly abused substances. Alcohol abuse is rife too, with many truck drivers driving under the influence.
Factors contributing to high rates of substance abuse include demanding schedules, lack of adequate rest, and lack of effective testing protocols. The lifestyle of being on the road for extended periods lends itself to developing unhealthy habits. While many trucking companies have zero-tolerance policies, enforcement remains inconsistent.
Effects on Driving and Accident Risks
Substance abuse seriously impairs a driver’s abilities and increases accident risks. Intoxication slows reaction times, decreases coordination, and impacts judgment.
Data shows a clear link between substance use and increased accident rates among commercial truck drivers. Drivers who have consumed alcohol or drugs are significantly more likely to be involved in crashes. Impaired truck drivers cause a disproportionately high number of fatal accidents.
Legal Consequences in Colorado Accident Claims
When a truck driver causes an accident due to intoxication or impairment in Colorado, it can increase their liability. Under Colorado law, it is illegal for commercial drivers to operate a vehicle with a blood alcohol concentration of .04 or higher. This is lower than the general DUI limit of .08 BAC.
If an impaired truck driver injures or kills someone on the roads, they can face severe criminal charges like vehicular assault or vehicular homicide. These crimes have lengthy prison sentences.
In civil accident claims, the truck driver’s substance abuse will be considered negligence per se. This means the court automatically considers the driver at fault without other proof needed. The trucking company that employs the driver will also face vicarious liability.
Accident victims will be entitled to greater compensation for their damages when the truck driver was impaired. Punitive damages against the defendants are also more likely. Overall, truck driver substance abuse has weighty legal repercussions in Colorado that benefit those pursuing accident claims.
The Impact on Insurance Claims
When a commercial truck driver causes an accident while impaired, it can create complexities for insurance claims. The truck driver’s auto liability policy, the trucking company’s commercial auto policy, and the victim’s own auto policy may all come into play.
There will likely be multiple claimants making injury claims against the available insurance coverage. While punitive damages may be warranted, often insurance policies exclude this coverage.
Navigating these intricacies requires experienced legal representation for accident victims and their families, which is why it is vital that you talk to us today if you’ve been involved in a truck accident.
We have offices in 32 locations and 19 states, including Colorado, Kansas, and Georgia. You can call now for a free consultation on (888) 477-0597.