On this page
- What Can Cause Driver Impairment?
- What Evidence May Show Impairment?
- What If the Driver Was Arrested?
- Could the Trucking Company Be Responsible?
- What If the Company Knew About a Prior Problem?
- What If Prescription Medication Was Involved?
- What Electronic Evidence Still Matters?
- What Injuries Can Result?
- What Damages May Be Available?
- What Insurance May Apply?
- What Should I Do?
- Jacqueline Scott & Associates Investigates Impaired 18-Wheeler Drivers
If impairment is suspected after a serious Louisiana truck accident, the investigation may extend beyond the driver’s actions immediately before impact.
Questions may arise concerning testing, driver qualification, company policies, prior incidents, supervision, and what the trucking company knew about the driver.
What Can Cause Driver Impairment?
Potential causes can include alcohol, illegal drugs, certain medications, or other substances.
The presence of a substance and whether it actually impaired driving are separate factual and legal questions that may require medical or expert analysis.
What Evidence May Show Impairment?
Potential evidence can include:
- law-enforcement observations;
- toxicology testing;
- post-accident testing where applicable;
- witness statements;
- video;
- medical records where legally obtainable; and
- the driver’s statements.
What If the Driver Was Arrested?
An arrest can be significant, but the civil investigation should still gather independent evidence.
The ultimate civil responsibility is not necessarily determined solely by the outcome of a traffic or criminal proceeding.
Could the Trucking Company Be Responsible?
Potentially.
Investigators may examine driver qualification, testing records where legally available, prior safety incidents, company policies, and compliance with applicable regulations.
What If the Company Knew About a Prior Problem?
That could become important depending on the facts and applicable law.
The investigation may focus on what the company knew, when it knew it, and what action it took.
What If Prescription Medication Was Involved?
Not every prescription medication makes a person unsafe to drive.
The relevant question is whether a medication or combination of substances impaired the driver’s ability to safely operate the truck.
What Electronic Evidence Still Matters?
Even when impairment is suspected, investigators should preserve:
- dashcams;
- GPS;
- telematics;
- ELD information;
- dispatch records; and
- electronic vehicle information.
These sources can help establish how the truck was being operated.
What Injuries Can Result?
Impaired-driving truck crashes can involve high speeds and delayed reactions.
Potential injuries include traumatic brain injury, spinal cord damage, fractures, internal injuries, amputations, paralysis, and death.
What Damages May Be Available?
Damages depend on the facts and Louisiana law.
They may involve medical costs, future care, lost wages, diminished earning ability, permanent disability, and other legally recoverable damages.
Additional legal issues may arise in certain impairment cases and should be evaluated based on current Louisiana law and the specific facts.
What Insurance May Apply?
Commercial liability coverage may apply, with additional coverage potentially available depending on the responsible entities and policies.
What Should I Do?
Get medical treatment.
Preserve photographs and video.
Identify witnesses.
Keep police information.
Save medical and employment documentation.
Jacqueline Scott & Associates Investigates Impaired 18-Wheeler Drivers
If impairment may have contributed to your 18-wheeler accident, evidence should be preserved quickly.
Jacqueline Scott & Associates can investigate the commercial driver, trucking company, testing evidence, electronic records, safety history, and potentially applicable insurance.
Make ’Em Pay.
Call (318) 746-5997.
Every case is different. Results depend on the specific facts and circumstances of each individual matter. Prior results do not guarantee a similar outcome. This article provides general information and is not legal advice.
This article is general information about Louisiana law and is not legal advice. Laws and deadlines can change, and every case depends on its own facts. Past results do not guarantee or predict future outcomes. Reading this page or contacting the firm does not by itself create an attorney-client relationship.
