Drunk driving is one of the most prevalent dangers on roads and highways throughout the country. This behavior is especially risky when it involves the operator of a commercial vehicle. While truck drivers are held to high standards when it comes to drugs or alcohol, not all are able to meet them.
If you were injured in a crash caused by a drunk driver, our team can help you understand your legal options and pursue the compensation you may be entitled to. Our team can evaluate whether impairment played a role in the crash and guide you through the legal process of seeking compensation.
It is against the law for any motorist to operate their vehicle while impaired by drugs or alcohol, but commercial truck drivers are held to an even higher standard. The State of California presumes that a person is impaired when their blood alcohol concentration (BAC) is a certain level. In criminal cases, the result of breath, blood, or urine tests that reflect a BAC over the legal limit is enough to secure a conviction.
For most drivers, the legal limit is .08 percent. However, the law is more restrictive for commercial drivers, who must have a BAC below .04. When a commercial trucker is convicted of a DUI for the first time, they can lose their license for a year. Second convictions will cost them their ability to drive commercially forever.
In addition to criminal court proceedings, having a recorded BAC over the legal limit can also impact a truck driver involved in a personal injury case. The results of these tests can be powerful evidence in a lawsuit over a San Diego truck accident caused by drunk driving. This is especially true following a conviction, as the order from the court could be used as evidence of negligence in a civil case.
When an impaired truck driver causes a crash, they are typically liable for any injuries they cause. This includes any physical, financial, or emotional trauma suffered by the victims. With the help of a dedicated attorney, it may be possible to recoup the following damages from a San Diego drunk driving truck crash claim:
The cost of medical care can be extreme following a commercial truck accident. From broken bones to brain injuries, these traumatic events can take years to fully recover from. Injury victims have the chance to seek damages based on the cost of their emergency room visits, ambulance transportation, physical therapy, and other forms of care.
One of the more frustrating aspects of being injured by an impaired truck driver is the inability to work. It can take weeks, months, or longer to fully heal from a serious injury, and missing out on wages during that time is common. A civil claim may allow you to recover compensation for lost income, depending on the specifics of your case.
A key part of many truck accident injury cases is pain and suffering. When a person is hurt through no fault of their own, they have the opportunity to seek damages. This is true despite the lack of an objective way to measure physical or emotional suffering. An attorney can help present evidence to a jury showing how your injuries and emotional trauma have impacted your daily life and overall well-being.
If you have been injured by a drunk driver, you may have the right to pursue compensation under California law. You might have a viable claim against not only the truck operator but also their employer. Even when impaired truck drivers are to blame, their employers may also share liability, especially when negligent hiring, supervision, or safety failures contributed to the crash. Our firm brings decades of experience in identifying all potentially liable parties, including employers, vehicle owners, or others whose negligence may have contributed to the crash.
The attorneys at CaseyGerry have experience dealing with the aftermath of drunk driving truck accidents in San Diego. From thoroughly investigating the cause of an accident to taking your case to trial, we are prepared to advocate on your behalf. Contact us today to schedule a confidential consultation and learn how we can support your recovery.
