After a truck collision in Ohio or elsewhere, law enforcement, after helping those who were injured, must determine what factors might have contributed to the crash. One reason that an accident might happen is that there was a violation of federal trucking regulations and a truck driver was under the influence of alcohol. Understanding what the regulations specify when it comes to alcohol can be an important factor in pursuing a legal case if you are a victim in a truck accident.
According to federal trucking regulations, truck drivers are not allowed to use or be under the influence of alcohol within four hours of going on duty, operating or be in control of a commercial motor vehicle. They cannot use alcohol, be under its influence, have a measured concentration of alcohol or have a detected presence of it while on duty, operating or in physical control of the vehicle.
Drivers are also not allowed to possess wine, beer or distilled spirits while operating the vehicle. The measurement of the amount of alcohol in the beverage will play a part in whether or not the driver was allowed to possess it. If it surpasses a certain level, then it is a violation. The law regarding possession of alcohol does not apply if it is manifested or is being transported as part of a shipment.
The trucking company also plays a role in stopping drivers who might be under the influence of alcohol from driving. If the driver's appearance, behavior or other forms of evidence indicate that the driver had used alcohol in the previous four hours, he or she cannot be allowed to drive. A driver is supposed to be placed out-of-service for 24 hours. The driver is not allowed to drive while out-of-service, and the employer must be informed of this within 24 hours. The state that issued the driver's license must be informed within 30 days barring the request for a review. The request must be made within ten days of the order being issued.
Since the law treats truck drivers who might have been under the influence of alcohol so seriously, it is an obvious issue regarding safety for others on the road that might encounter a drunk truck driver. Those who suffer serious injuries or lose a loved one in a truck accident need to have help in gathering evidence that alcohol might have played a part.
Source: Fmcsa.dot.gov, "392.5: Alcohol prohibition.," accessed on June 27, 2016
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