DUI In Florida Commercial Vehicle Accident Cases

Being involved in a crash with a commercial motor vehicle (CMV) can be terrifying due to the weight and speed of such a vehicle. If the person behind the wheel of such a vehicle is driving under the influence of alcohol or drugs, this can make an accident even more dangerous. However, it can be difficult to establish that the driver was operating their vehicle under the influence. The right attorney can help.

Held To Higher Standards

Because most commercial vehicles are much larger and heavier than the average car, the requirements one must meet in order to drive one are more stringent than they would be for a civilian driving test. Both federal and Florida law establish lower blood alcohol limits for commercial drivers (.04% or under, as opposed to .08% for drivers of cars), and sets out situations in which a commercial driver is automatically disqualified from having a commercial driver’s license (CDL).

It is crucial that you attempt to discover as much information as possible at the accident scene. For example, Florida has a rule requiring that any accident involving a commercial vehicle must be reported to law enforcement, and a police report written. This, the results of any sobriety test performed on the commercial driver, and any other clear evidence you may have can make all the difference in your case.

Negligent ‘As A Matter Of Law’

One other concept that may be relevant in your case is known as negligence per se. Ordinary negligence must be proven; negligence per se means that a person is negligent as a matter of law – in other words, that the evidence points so overwhelmingly to that conclusion that it cannot be argued against. In Florida, negligence per se exists when someone violates a law designed to protect a group of people, by injuring a person in that group.

Thus, a commercial vehicle driver operating under the influence of drugs or alcohol may be negligent as a matter of law if they injure a member of the public, because Florida’s DUI law is designed to protect the public as a whole. It is not always worth the time to try and establish this in court, but sometimes, it can be an incredibly helpful concept that can establish your case, if possible, saving everyone time and trouble.

Contact A Tampa Commercial Vehicle Accident Attorney

If you have been injured in an accident with a commercial motor vehicle, and you suspect that the driver may have been operating it under the influence, it is imperative to get as much evidence as possible, so that your attorney can demonstrate the negligence that ultimately caused you harm. Calling a Tampa commercial vehicle accident attorney from the Rinaldo Law Group can be your first step toward recovery. Call our office to schedule a free consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0316/Sections/0316.193.html