Commercial rigs are often carrying loads of cargo behind them, which creates a large and heavy trailer. When a truck operator chooses to drink alcohol before—or while—they are driving, the results may be catastrophic and deadly.
If you are injured due to an 18-wheeler driver’s intoxication, contact a Dallas drunk truck driver accident lawyer. Healing is your main priority, let our compassionate team help with the rest.
What is an Intoxicated Driver?
An intoxicated driver is someone under the influence of drugs or alcohol. A blood alcohol concentration (BAC) level has to be greater than 0.08 for regular passenger cars and 0.04 or higher for commercial vehicles. An accomplished intoxicated trucker crash lawyer could help someone gather evidence to prove that the at-fault party was over the legal BAC level for their designated vehicle.
For a free legal consultation, call (817) 775-5364
Dallas Big Rig Company Rules Regarding Substances
In attempt to avoid these types of collisions, trucking companies enforce requirements to ensure that their employees follow their rules regarding substance and alcohol use. An attorney well-versed in substance-related 18-wheeler crashes could investigate the company to see if they have preventative regulations in place. These rules include that a vehicle operator must not consume alcohol:
- While on duty
- Four hours prior to duty time
- Up to eight hours following an accident or until they undergo a post-accident test
Another measurement taken by Dallas big rig companies to avoid these wrecks is that drivers are frequently tested for the presence of drugs or alcohol in their systems. Department of Transportation (DOT) drug and alcohol tests occur prior to employment. If there is reasonable suspicion of substances present, there are random tests, return to duty tests, follow-up testing and post-accident testing.
Dallas Drunk Driver Truck Accident Lawyer Near Me (817) 775-5364
Who is Responsible in Dallas Cases Involving Substances?
The drunk vehicle operator is almost always liable because proof of intoxication strongly points to negligence. They are usually at fault because they chose to act in a reckless and careless manner by taking the substance. Because there is a person responsible for the collision, an injured person could file a personal injury claim against the at-fault party.
If someone dies due to the accident, the family could file a wrongful death suit against the negligent party responsible for their family member’s death. A lawyer familiar with drunk 18-wheeler driver wrecks could help the family in cases like this.
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Comparative Fault
Sometimes, the person injured may also be partially at fault for an accident involving an intoxicated rig operator. In the state, if the claimant is not deemed to have been more than 51 percent liable for the collision, then they can still collect for their damages. For example, if they were determined to be 20 percent responsible for the crash, whatever settlement is obtained on the client’s behalf would be reduced by 20 percent.
If the plaintiff is also intoxicated when a drunk 18-wheeler driver collides with them, the trucker may still be held accountable, so it is still recommended that the injured party reaches out to an experienced attorney to see if they have a potential case. The drunk trucker wreck attorney could review that and potentially make a case for the claimant.
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Damages in 18-Wheeler Drunk Driving Cases in Dallas
The plaintiff may be entitled to economic or non-economic damages for all their losses related to the crash. Economic damages are tangible losses such as medical bills, lost wages, and property damage. Non-economic damages are more subjective and could include pain and suffering, loss of consortium, and disfigurement.
The claimant may also seek punitive damages. This type of compensation is rare and intended to punish defendants for egregious conduct, such as driving while intoxicated.
Receiving Maximum Compensation
Enlisting the help of a skilled legal professional could change your case for the better. A diligent intoxicated 18-wheeler wreck attorney could work the case from the beginning, make sure to obtain all possible evidence, background check the driver, reconstruct the collision, and download a black box. Everything comes into play to maximize the amount of damages someone could receive.
Call a Dallas Intoxicated Trucking Wreck Lawyer Now
Being involved in a commercial rig collision due to the fault of a drunk truck operator could be traumatic. A caring Dallas drunk truck driver accident lawyer knowledgeable of these types of cases could make sure that you receive the compensation you deserve. Contact us now to learn about how our representatives could protect your rights and best interests.
Call (817) 775-5364 or complete a Free Case Evaluation form
