Drunk driving bus accidents in Columbia, MO, can cause devastating injuries due to the size and weight of commercial buses and the number of passengers involved. When a bus driver operates a vehicle while impaired, the consequences can be life-altering for victims and their families.
At AW Smith Law, our experienced bus crash attorneys understand the complex laws and regulations that govern commercial and public transportation accidents. Contact our firm today to schedule a free consultation.
You do not necessarily have to prove that the bus driver was under the influence to win your accident case in Columbia, MO. Rather, you must show that the driver was negligent and that they acted unreasonably under the circumstances.
You may have access to the alcohol test results that are conducted after your bus accident, and your lawyer from AW Smith Law could subpoena these test results if they are not made available to you. If you can show that the driver was over the legal alcohol limit, it may be considered negligence per se, and you may not have to do anything further to establish fault.
In this state, commercial bus drivers are held to a stricter legal alcohol limit because they operate commercial motor vehicles that carry passengers. Under both Missouri law and federal regulations under the Federal Motor Carrier Safety Administration (FMCSA), a commercial driver is considered under the influence if their blood alcohol concentration (BAC) is 0.04% or higher. This is half the noncommercial limit of 0.08% that applies to regular passenger vehicles. This limit applies to both public and private bus drivers, as both are considered to be commercial in nature.
Even a BAC between 0.02% and 0.039% can trigger disciplinary action, including removal from duty, as any detectable alcohol may impair the safe operation of a passenger vehicle. The state strictly enforces this standard during roadside stops, sobriety checkpoints, and pre-employment or random drug and alcohol testing.
An impaired Columbia, MO bus driver found to have caused an accident with a BAC at or above 0.04% can face criminal charges, the loss of their commercial driver’s license, fines, and employment consequences. Additionally, refusing a required alcohol test can result in the same penalties as a positive test, including disqualification from operating commercial vehicles.
The damages that you may be eligible for in a Columbia, MO, drunk-driving bus crash depend on the type of vehicle involved. If it were a public bus, you must file a claim against the transportation agency that employed the driver. There are special rules that may limit the amount of compensation that you could receive for your injuries. In addition, you may not seek punitive damages because the government agency does not waive its sovereign immunity in this regard.
If it were a private bus driver, there would be no limitations on the damages for which you are eligible. This means that you could recover full economic and non-economic damages that you have suffered. In some cases, your accident attorney may even seek punitive damages that could increase your compensation. Often, the prospect of punitive damages gives the driver’s employer the incentive to settle your case, as opposed to forcing you to go to court.
Drunk driving bus accidents in Columbia, MO, can leave you or your loved ones seriously injured. At AW Smith Law, our attorney understands the unique challenges of cases that involve commercial drivers, intoxication, and transit regulations. From gathering evidence to negotiating with insurance companies, we fight to hold negligent drivers and their employers accountable. Contact our firm today for a confidential consultation to discuss your case.
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