Texas makes it illegal for anyone to drive a motor vehicle while they are currently impaired by alcohol or another drug. This rule applies to commercial truck drivers, of course, yet there are hundreds of truck accidents each year that are suspected to have been caused by an intoxicated trucker.
Were you hit by a drunk truck driver? Criminal law processes might punish them with fines and jail time, but you have to take the required steps to seek compensation through a civil claim. Dunk Law Firm and our Houston commercial DUI accident lawyers can help you prepare, file, and pursue your claim from start to finish.
Talk to us about your claim today. Dial (713) 575-1991 to speak with our Houston commercial DUI accident attorneys!
Commercial truck drivers or anyone using a vehicle that requires a commercial driver’s license (CDL) is legally intoxicated if they have a blood alcohol concentration (BAC) of 0.04 or greater. This amount is only half of the limit imposed on the average motorist, who is legally intoxicated if their BAC level is recorded at 0.08 or more. The lower BAC level for truck drivers is meant to reflect the greater degrees of care and skill required to safely drive a big rig.
It is important to note that a truck driver can be committing the crime of driving under the influence (DUI) in Texas if they are drunk to the point of experiencing impaired motor control and judgment. They do not need to have a BAC level of 0.04 or more to be arrested and convicted for a DUI. When working on your injury claim, we will want to find ways to show the driver was impaired and, therefore, liable for the crash, so understanding the correct application of the law and a criminal conviction is useful.
You should not be left in a difficult financial situation because of the reckless and unlawful actions of a truck driver. If you were hit by a drunk trucker, then we can help you seek a fair and maximized amount of compensation that lets you find financial stability again.
In your claim, we could demand the following types of damages:
Many people who survive a truck accident are emotionally and mentally scarred, showing symptoms of post-traumatic stress disorder (PTSD) whenever they are near a commercial truck. The lingering PTSD can take years before it becomes less debilitating. We can work with psychological professionals to get a fair estimate of how much therapy could be required for you to start to feel better around trucks.
We are also well-versed in wrongful death claims. If you lost a loved one due to an intoxicated or impaired truck driver, then we can provide legal counsel that moves at your pace, so you do not feel rushed. Grieving is an important part of the recovery process, and we would not want to stop you from grieving because of your claim.
While it may seem as though the driver themselves are the only ones to be held accountable for drunk driving accidents, there are situations in which the trucking company can also be held liable. This is known as "vicarious liability." For example, if a trucking company negligently hires a driver with multiple previous DUI convictions that occurred recently, they can be found liable. Additionally, if the trucking company fails to properly drug-screen or run background checks on their drivers, they can also be found negligent.
Our legal team can help you determine who is ultimately responsible for your accident, and help secure fair compensation for your injuries.
We should get your claim moving sooner than later, though. Schedule a free consultation with our Houston commercial DUI accident lawyers today.