When the driver of an 80,000-pound vehicle uses drugs or alcohol, they quickly become dangerous. Drunk truck drivers can cause devastating accidents, leaving injured victims with costly medical bills, catastrophic injuries, and a forever-altered future.
If you have been injured by a drunk truck driver in New Braunfels, you deserve fair compensation for those medical expenses, your lost income, your pain and suffering, and other losses. We can help you demand it. At Burch Law Firm, we know the severe physical and financial impact that a truck accident can have. That’s why we’re passionate about putting our quarter-century of legal experience to work for accident victims in South Central Texas.
If you’ve been the victim of a drunk truck driver accident, contact us today for a free consultation with one of our experienced lawyers. When you call Burch Law Firm, you speak to an attorney, not an assistant. We want to earn your trust and get you the compensation you deserve.
What Are Texas Truck Driver DWI/DUI Regulations?
Most people are familiar with the abbreviation DUI, which stands for driving under the influence. The state of Texas more commonly uses another abbreviation, DWI, meaning driving while intoxicated. Any motorist who operates a motor vehicle with a Blood Alcohol Concentration (BAC) of .08 percent or more or who is intoxicated by drugs or alcohol can face a DWI conviction. “Intoxicated” in this sense means anyone who lacks the normal use of their mental or physical abilities.
It’s important to note that these numbers are only for typical motorists. Truck drivers holding a CDL license are not considered typical drivers. The Federal Motor Carrier Safety Administration limits the BAC for a CDL-licensed driver to .04 percent while operating their vehicle, half of the normal standard. This lower standard considers the significant risk that a drunk commercial vehicle driver can have on the public.
The agency also sets strict limits on when a driver may drink alcohol before a scheduled shift. The FMCSA forbids truck drivers from consuming alcohol within four hours of going on duty. Drivers are never allowed to drink or be under the influence of alcohol while on duty. If a person recklessly and illegally drives their truck while drunk, they can be held financially responsible for any collision they cause.
Can You Sue the Drunk Truck Driver Who Caused Your Crash?
If you’ve been hit by a drunk truck driver, you may be able to pursue compensation in a number of ways. Often, injured Texans choose to file an insurance claim with the truck driver’s insurance company, the insurer that represents the trucking company that employs the driver, or both.
Unfortunately, seeking compensation from a trucking company insurer is not easy. These businesses want to avoid paying you to protect their bottom line. For this reason, it is important to have the assistance of an experienced truck accident attorney who will fight for the compensation you deserve.
Depending on the circumstances, you may be able to sue the driver or the trucking company in civil court. For example, when an insurer refuses to negotiate in good faith or offers an unreasonably low settlement, a lawsuit may be your best option. At Burch Law Firm, we’re never afraid to fight for your right to fair compensation.
The experienced truck accident team at Burch Law Firm understands the consequences of driving under the influence accidents. We can review your situation, investigate the crash, and advise you of the legal options that offer the best chance of a full and fair recovery.
What Damages Can You Seek in a Drunk Truck Driving Accident Lawsuit?
Victims injured by drunk truck drivers may be owed money from the driver and their employer. In Texas, you can seek compensation for both economic and non-economic losses you suffer as a result of another party’s negligence. In general, a New Braunfels drunk truck driver accident victim may be able to recover money to compensate for the following losses related to the crash:
- Medical expenses
- Lost income due to missed time at work
- Loss of earning potential
- Property damage, such as the cost to repair or replace your vehicle
- Disfigurement
- Permanent disability
- Pain and suffering
Who Can Be Held Liable After a Drunk Truck Driver Crash?
One part of the answer is easy: the drunk truck driver. However, crashes involving large trucks are complicated. In short, the drunk truck driver may be at fault for causing the collision, but other parties may also bear some responsibility for the accident.
If shifting cargo caused the truck to become unstable and rolls over, whoever loaded the truck may be liable. Trucking companies may also be liable for the negligence of their employees.
One or more of the following parties may be held financially responsible for a drunk truck driver crash:
- The driver
- The trucking company
- The cargo loading company
- The manufacturer of defective parts
How Long Do You Have to File a Drunk Truck Driving Accident Claim?
In Texas, victims of car and truck accidents generally have two years from the date of the accident to file a lawsuit. Once this statute of limitations expires, victims lose the ability to recover fair compensation, except in a few rare circumstances. Lawsuits filed after the deadline are typically thrown out of court without being heard. You can protect your right to demand accountability and just compensation by contacting a drunk driving attorney in New Braunfels as soon as possible.
Contact Our Experienced New Braunfels Drunk Driving Accident Lawyer
Drunk driving cases may seem open and shut, but truck accident cases seldom are. Trucking companies employ insurers and lawyers to protect themselves and their profits. You need someone who will look out for your best interests. Troy Burch and his team can be that for you.
If you’ve been injured in a drunk driving accident with a truck driver, you deserve full and fair compensation for your injuries. For more information about how we may be able to help you, contact us for a free consultation.
