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Driving under the influence of alcohol is a serious crime because it puts the driver and other innocent drivers, cyclists, and pedestrians at risk for serious injuries. The danger is even greater when the driver is drinking while driving a large bus, as alcohol significantly impairs the operator’s ability to maintain control of such a massive vehicle. As such, rules for bus drivers at the state and federal levels are stricter than they are for regular drivers.
Unfortunately, drunk driving bus accidents in Burbank still happen despite these rules and cause severe injuries to passengers and other drivers. If you have been hit by a bus, our team of attorneys at Block LLP could help you recover financial compensation for you and your family.
A person’s level of intoxication is measured by their blood alcohol content (BAC), which is the percentage of alcohol in the person’s bloodstream. In most of the United States, including California, it is illegal to drive a car with a BAC of 0.08 percent or higher. However, this limit only applies to people driving their own cars for their private use.
Whether they are private tour companies or government agencies operating public transportation services, bus companies are considered commercial carriers, called motor carriers in California, as they provide transportation services for people or goods. Due to the nature of this business, commercial drivers have different limits compared to regular drivers.
Under the California Vehicle Code § 34520, all motor carriers and their drivers must comply with the federal controlled substances and alcohol testing requirements set by the Federal Motor Carrier Safety Administration (FMCSA). Title 49 Part 382 and § 392.5 of the Code of Federal Regulations specify these requirements.
Under these rules, commercial drivers are prohibited from drinking while operating their vehicles or having a drink within four hours of driving. While this is a general prohibition, drivers are subject to random testing. If their BAC is between .02 and .04 percent, they are not allowed to drive for at least 24 hours after the test. A BAC of over 0.04 percent requires the driver to go through a return-to-duty process, which could include education and treatment.
These regulations are intended to prevent driving a bus under the influence and causing a crash in Burbank. Bus drivers who manage to avoid a test and operate while intoxicated could be held responsible for the accident and resulting injuries.
While drivers are prohibited from drinking while driving, their employers are similarly prohibited from allowing their drivers to drink while on duty. Employers are also required to implement the FMCSA’s testing requirements and have additional responsibilities.
For example, in the event of a positive BAC test, the company must ensure that the driver does not drive for the full 24-hour period or during the return-to-duty process. Employers must also monitor their employees and issue a BAC test if there is a reasonable suspicion that the driver may be intoxicated.
Failure to implement the FMCSA’s requirements or prevent a driver from operating a vehicle under the influence could make the company liable for causing a bus collision in Burbank. An experienced attorney could review all the facts and circumstances to determine who was ultimately responsible.
State and federal regulations are in place to prevent drunk driving bus accidents in Burbank, and breaking these rules could be the basis for a claim if you have been hurt. Let our team of attorneys at Block LLP review your case and provide advice on your legal options.
You may be able to recover financial compensation to help you and your family get through this difficult time. Call now to schedule a free consultation with one of our attorneys.
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