Determining Liability In a DUI Truck Accident

Vehicle accidents involving intoxicated drivers tend to be more severe. So, just imagine the severity of a collision if a truck driver is impaired behind the wheel. While DUI accidents involving trucks are, thankfully, not commonplace, they still happen.

You may think determining liability in a DUI truck accident is relatively easy; after all, the semi-truck driver is the one driving impaired, but it may not be as simple as you believe. You’ll need to prove negligence and sometimes this can be a little tricky.

Who’s Liable in a DUI Truck Accident?

When a truck accident occurs, figuring out who’s liable for the collision can be a complicated process. Investigators from law enforcement and the insurance company typically examine the accident scene to determine liability.

Since this is an accident involving a suspected intoxicated driver, tests like breathalyzers are often administered to determine an individual’s blood alcohol content (BAC). If the driver has a BAC of 0.08 or higher, they’re considered legally intoxicated. Penalties for a DUI conviction can range from hefty fines and possible jail time to a temporary or permanent suspension of the individual’s driver’s license.

For commercial truck drivers, the penalties are a little steeper. Not only are fines typically higher for truck drivers, but they also automatically lose their CDL license. This is the license allowing them to operate commercial trucks. Without a CDL license, a trucker driver isn’t going to have a job. They may also be facing penalties from their employer.

So, to answer the question of who’s liable in a DUI truck accident the individual intoxicated behind the wheel is the at-fault party.

Proving Negligence in a DUI Truck Accident

If you’re involved in a DUI truck accident, you probably sustained significant injuries and property damage. Thankfully, Texas, like 38 other states, follows at-fault insurance guidelines, and this means the intoxicated truck driver is responsible for covering your damages.

Seems pretty straightforward: you contact the at-fault driver’s insurance provider and file a claim for damages. While this is a step in the compensation process, you must first prove negligence, which is a requirement for all personal injury claims, regardless of the cause of the accident.

Being intoxicated behind the wheel is a clear sign of negligence, but you must still prove four elements to succeed in your case. What are the four elements of negligence and how do you prove each one in a DUI truck accident?

Elements of Negligence

There are four elements of negligence and each one builds off the other:

• Duty of Care: Truck drivers owe motorists, pedestrians, and cyclists a duty of care. This refers to the duty everyone has to act in a manner that doesn’t place others at risk. For truck drivers, the duty of care means following all road laws and refraining from actions and behaviors that can endanger others. Drinking and drinking is a clear violation of a truck driver’s duty of care.
• Breach of Duty of Care: Breaching the duty of care means behaving in a manner that places others at risk. Speeding, reckless driving, and even driving while distracted are examples of a breach of duty. Drinking while operating a semi-truck also violates the duty of care.
• Causation: Proving causation can be tricky in some types of accidents. However, in a DUI truck accident, it’s a little easier. To prove this element of negligence, you must show that the individual’s actions directly caused the accident. You must also prove the at-fault driver’s actions are considered unreasonable. In a DUI accident, the simple fact that the driver was intoxicated is usually enough to prove their actions are unreasonable. After all, most reasonable people aren’t going to drive a semi after drinking a few beers or downing a couple of shots. Since it’s proven both scientifically and medically that alcohol is a contributing factor in traffic accidents, you can also show the driver’s level of intoxication is the direct cause of the collision.
• Damages: These can be your economic and non-economic damages. You must show that your damages are the direct result of the DUI truck accident. In other words, the truck accident is the reason your vehicle is damaged and you have injuries.

Talk To An Attorney About Your DUI Truck Accident

Even though proving liability and negligence in a DUI truck accident may seem straightforward, dealing with insurance companies can make negotiations difficult. To increase your chances of receiving compensation for your damages, talk to an experienced accident attorney about your legal options.

They can guide you through the complexities of the legal process and advocate for your best interests. Having professional support can make a significant difference in the outcome of your case.