Commercial Vehicle Accidents Caused By DUI

Accidents involving commercial motor vehicles (CMVs, or CVs) are unfortunately common on Florida roads, caused by anything from driver fatigue to bad weather. However, if a commercial driver is found to be operating their vehicle under the influence, it can cause real trouble for not only the driver, but for their employer as well. If you have been in an accident with a CV, the right attorney can help you seek damages for the harm you have suffered.

A Stricter Duty Of Care

An average person can get a license to drive in Florida after passing their driver’s test. To drive a commercial vehicle on state roads, a person must pass a test that is more rigorous than those given to private individuals – the rationale is that not only will a commercial driver drive far more often than an ordinary person, they will usually be operating vehicles that are much heavier and slower, which requires slightly different skills and an understanding of the potential dangers.

Driving any vehicle under the influence of drugs or alcohol in Florida is a crime, but if a commercial driver does this, it is seen as arguably more serious because of the dangers involved in their profession. While DUI-related accidents involving cars can be tragic and lead to serious injury or death, large trucks and other CVs are disproportionately likely to cause fatalities because of how large they are and how much stopping time they require.

Serious Consequences

Because of how potentially serious a DUI in a commercial vehicle can be, Florida law also states that in addition to facing legal consequences for driving a commercial vehicle while under the influence, a commercial driver may also land in hot water for refusing to take a breathalyzer or other test designed to determine a person’s intoxication level. A first DUI or refusal can lead to a suspension of a person’s commercial driver’s license (CDL) for one year (or three years, if the CV had hazardous chemicals on board); a second, even in their personal vehicle, can lead to permanent suspension of the CDL.

In addition to the license suspension (with no opportunity for a hardship license), a commercial driver convicted of DUI must also accept the standard consequences that come with any DUI – fines, community service, a required evaluation to determine if substance abuse treatment might be necessary, and up to six months in jail in most cases. This all comes in addition to whatever consequences the driver’s employer may impose – if not a termination, then a job change or a pay cut may be likely.

Contact A Tampa Commercial Vehicle Accident Attorney

Commercial drivers are trusted with heavy, potentially dangerous vehicles, and when they are charged with DUI, they risk injuring people on the road. If you have been injured in an accident with a commercial vehicle, and you suspect that the driver was under the influence, consulting a Tampa truck accident attorney from the Rinaldo Law Group can help you determine how to move forward. Contact our office today to schedule a free consultation.

Source:

flhsmv.gov/driver-licenses-id-cards/commercial-motor-vehicle-drivers/commercial-driver-license/