Phoenix Truck Accident Attorneys Who Handle Drug Impairment Cases
Strong advocacy when impaired drivers cause accidents in Arizona
There’s no excuse for driving under the influence of alcohol or drugs. Truck drivers are responsible for any accidents they cause due to their intoxication or the use of drugs. Drug use includes more than just illegal drugs. Many prescription drugs cause fatigue, which can cause truck accidents. Drivers need to understand the dangers of the medications they take and should never use illegal drugs while driving or legal drugs that can affect their ability to control their cars.
At Plattner Verderame, P.C., we’ve written about the dangers of drunk driving. Below, our driver-impaired truck accident lawyers review the unique dangers of driving trucks while under the influence of drugs and the harm that drug-related truck accidents cause.
How can we help?
- What laws govern truck driving and drug use in Phoenix, Arizona?
- What drugs can impair a truck driver’s driving abilities?
- What are the penalties for driving while under the influence of drugs in Arizona?
- How do you show a truck accident is due to drugs in Phoenix?
- Do you have a Phoenix impaired truck driver accident lawyer near me?
What laws govern truck driving and drug use in Phoenix, Arizona?
In Arizona, it is illegal to drive any vehicle (including trucks) while under the influence of drugs or drugs in combination with alcohol (or other toxins) “if the person is impaired to the slightest degree.” It is not a defense that the driver had legal permission to use the drug if the drug causes any level of impairment.
The Federal Motor Carrier Safety Administration (FMCSA) has rules that prohibit commercial truck drivers from operating a vehicle while taking legal or illegal drugs that can impair the driver’s ability to control their truck. These FMCSA rules determine when commercial truck drivers can be tested for drug use, when they can be tested, and the consequences of failing a drug test.
What drugs can impair a truck driver’s driving abilities?
Illegal drugs
Generally, the federal government and the state of Arizona regulate drugs through the federal Controlled Substances Act and Arizona’s criminal statutes.
Illegal drugs include cocaine, methamphetamine, and heroin. Marijuana for medical and recreational use is generally legal in Arizona, provided certain conditions are met. Even though marijuana use may be legal, that doesn’t mean truck drivers can drive while under the influence of marijuana. Truck drivers can still be held liable for any accidents that their use of marijuana causes.
Drivers who use illegal drugs may be more likely to take other risks, such as speeding, driving through red lights, and reckless driving. Illegal drugs can affect a truck driver’s ability to recognize and respond to traffic emergencies in a timely manner. They can also slow down a driver’s reaction times and impair a driver’s judgment, perceptions, and concentration.
Legal drugs
Many truck drivers use drugs for various medical disorders. Common examples include heart medications, medications for arthritis, and medications for diabetes. Though legal, prescription drugs can cause drowsiness, slowed reaction times, impairment of cognitive function, and many other dangers. Other consequences of legal drugs may include blurry vision, lightheadedness, and confusion.
Truck drivers who take their medications while driving risk an accident because they take one hand off the wheel or are focusing on their medication and not the highway.
Truck drivers should discuss the risks with their prescribing providers and consult a certified FMCSA medical examiner before operating a commercial vehicle while taking any medication.
What are the penalties for driving while under the influence of drugs in Arizona?
The consequences for drugged driving by commercial truck drivers may include:
Criminal charges
Drivers can be charged with violations of Arizona’s criminal code as discussed above. A conviction can result in fines, imprisonment, and suspension of a driver’s license (by the state or by the FMCSA). A commercial truck driver will likely lose their job when they lose their commercial driver’s license.
There is NO automatic requirement that the state or the FMCSA take action against a driver who tests positive for a prohibited substance. If criminal charges are filed, our Phoenix truck accident lawyers coordinate our civil case with the criminal case. This coordination will usually involve using the prosecution’s evidence and/or experts to show that a truck driver was under the influence of drugs at the time of your accident.
Civil claims
We file personal injury claims if a drugged driver causes your injuries. We demand that the responsible truck driver (and any other responsible parties) pay for all your current and future:
- Medical expenses
- Lost income, including permanent disability compensation
- Physical pain and emotional suffering
- Property damage, such as damage to your vehicle
- Scarring and disfigurement
- Loss of bodily function
- Inability to enjoy life’s pleasures
- Loss of consortium (enjoyment of marital relations)
We also file wrongful death claims if a drugged driving accident is fatal (many truck accidents are deadly). Wrongful death damages in Arizona include:
- The funeral and burial costs
- The loss of financial support your loved one would have provided
- The loss of personal support (love, guidance, companionship, and education) that your loved one would have provided
- The value of any services your loved one would have provided
In addition to the driver, the driver’s employer and the owner of the truck may be liable for failing to monitor the driver’s actions or to take other precautions, such as conducting background checks.
We may also seek punitive damages because driving under the influence of drugs is clearly dangerous.
How do you show a truck accident is due to drugs in Phoenix?
We work with the police if they conduct drug tests after a truck accident. We review what legal medications a driver is taking. Our lawyers use the formal discovery process to investigate all relevant reasons why a driver may have been driving under the influence of drugs.
Generally, drug testing of drivers includes pre-employment testing, post-accident testing, and testing under other conditions (such as when there is a reasonable suspicion of driving under the influence of drugs) – to the extent those tests are legally authorized.
Our lawyers also work with your doctors to verify that your injuries or the death of a loved one was due to drugged driving or other types of negligence or reckless conduct. Truck accidents can cause traumatic brain injuries, spinal cord damage, traumatic amputations, broken bones, organ damage, back pain, burn injuries, and many other types of serious injuries.
Do you have a Phoenix impaired truck driver accident lawyer near me?
Yes. We meet clients at our Phoenix office located at 316 E Flower St. We also discuss cases by phone and through online video platforms. We can make arrangements to see you at your home or another convention location, such as a medical facility, if your injuries prevent you from traveling.
Our attorneys are here to guide you through each step of your claim.
Call Plattner Verderame, P.C., today to discuss your right to compensation after a truck accident
Our Phoenix truck accident lawyers understand how deadly and catastrophic driving under the influence of drugs or alcohol is. We’ve helped many accident victims and families obtain strong recoveries. We’re ready to fight for you now. Please call us or contact us to schedule a free consultation. We handle truck accident cases on a contingency fee basis.