Driving next to large trucks in San Antonio is already a significant accident risk due to factors such as large blind spots and wide turn radiuses. If the driver of the truck is guilty of driving while intoxicated, this increases the chances of a severe accident even more. If you get injured or a loved one dies in a crash caused by an intoxicated trucker in Texas, discuss your legal rights with a truck accident attorney in San Antonio.
The Dangers of Truck Driver Drug and Alcohol UseÂ
Commercial truck drivers have a responsibility to adhere to certain standards of care when operating their big rigs. The size and weight of an 18-wheeler make it imperative for truck drivers to meet their duties of care and exercise caution when driving. This includes avoiding dangerous and illegal behaviors such as driving while intoxicated.
Driving under the influence (DUI) of drugs and/or alcohol is against the law in California. A commercial motor vehicle driver is viewed by the law as being too drunk to drive with a blood alcohol content (BAC) level at or above 0.04 percent. This is half the legal BAC for noncommercial drivers (0.08 percent).Â
It is also against the law for a trucker to be under the influence of any intoxicating drug, which can include prescription and over-the-counter medications. If a truck driver breaks these laws and decides to drive while intoxicated, this can interfere with his or her reaction times, attention to the road, judgment, reflexes, physical ability, drowsiness and vision – potentially leading to a crash.
Who Is Liable for a Drunk Truck Driver Accident?
There is no excuse for a truck driver who operates a semi-truck while intoxicated. If this reckless act results in a harmful truck accident in San Antonio, injured victims may be able to recover financial compensation from the trucking company. Under federal law, trucking companies are generally held liable, or legally accountable, for accidents that involve their trucks and drivers, even if the driver is an independent contractor.
If you are injured in a drunk truck driver accident, you may be able to pursue financial compensation for your losses through a claim with one or more insurers. Depending on the circumstances, multiple parties could be responsible for your losses, including the trucking company, truck driver, truck owner/operator, another driver or the establishment that furnished the drunk truck driver with alcohol (under California’s dram shop law).
How to File a Claim for an Accident Caused by Truck Driver IntoxicationÂ
Texas operates under a fault-based car insurance law when it comes to compensating victims for medical bills and property damage after a traffic accident. Under this rule, an injured party is able to seek financial benefits from the insurance provider of the person who caused the crash. The party or plaintiff must prove that the accused party or defendant is at fault for the accident using compelling evidence.
After an intoxicated truck driver accident, seek medical attention and keep copies of your hospital records. Obtain a copy of your police accident report, as well. When you are ready to pursue financial compensation, contact an attorney who can help you file your claim. You may be able to seek benefits from the insurance provider of the intoxicated truck driver’s employer, your own insurance provider or a third party.Â
The right San Antonio personal injury lawyer can make it easier to seek justice and maximum financial compensation from an intoxicated truck driver in San Antonio. To discuss your specific case during a free consultation, contact Hill Law Firm Accident and Injury Lawyers.