Charles E. Boyk Law Offices, LLC
Driver intoxication truck accidents in Toledo can come with liability issues. In order to prove liability under Ohio law, the person would have to show that there was a breach of duty of care (that they were negligent), and the result of their negligence caused the accident. Depending on the circumstance, the qualified truck accident lawyer and the injured party would work together to prove that the proximate cause of the accident was either driver intoxication, running a red light, the failure to yield at a stop sign, or speeding.
There has been a large number of accidents caused by intoxicated truck drivers in Toledo. There are generally less intoxicated truck drivers than other drivers because if they are caught and convicted of driving under the influence of alcohol, they will lose their Commercial Driver’s License (“CDL”) and, thus, their jobs.
Driver intoxication truck accidents usually occur due to the use of marijuana, alcohol, cocaine, speed, methamphetamine, or a drug that a driver takes to help them stay awake. Accidents where there is a loss of control, excessive speeding, or a rollover crash are the most common.
A truck driver is going to have difficulty trying to find a job again, or at least over the next 10 years. Under the Interstate Commerce Act, a trucking company will not want to hire somebody that has a drunk driving conviction because the legal liability is going to be substantially increased due to negligent entrustment, meaning that they are entrusting a vehicle to someone that they knew or should have known was dangerous and unreliable. Driver intoxication in Toledo truck drivers can be adverse to their careers.
When convicted of a DUI in Ohio, the person’s license is normally suspended for driving in Ohio. Ohio does not have jurisdiction in other states, but there is “Compact” which means that the vast majority of states in the United States will honor a license suspension from one state in their own state. However, the person is going to lose their CDL license if they have a drunk driving conviction.
A DUI as a truck driver affects the person’s Commercial Driver’s License. However, the person would still have the same suspensions under Ohio law. For example, if a person has a DUI and a Commercial Driver’s License in Ohio and the person is an Ohio driver, a first offense DUI would normally give the person a six-month license suspension. Then the person could get privileges for driving purposes after the first 20 days. This would be for a normal driver’s license under Ohio law as well. With a DUI on a CDL, the person is going to lose the CDL altogether.
It is considered a privilege to have a Commercial Driver’s License, so the penalties are going to be more severe on the Commercial Driver’s License than on the person’s standard operator’s license.