Drunk Or Drugged Driving
Sacramento Injury Attorneys Aiding Victims Of Truck Accidents
There is zero tolerance for drinking and driving when operating a commercial vehicle in all 50 states of America. Given their weight and size, trucks can create a large amount of damage if they go out of control. Even a small amount of alcohol can change a truck driver’s perception and reaction. Even at a blood alcohol content of .04% drivers have shown delayed reaction times and an increase in erratic and reckless behaviors. If you’ve been involved in an accident with a large truck and suspect the driver was under the influence, contact an experienced Sacramento accident attorney at The Weinberger Law Firm for help.
There are more than three accidents a minute where a person in the United States is killed in a truck accident and a large majority of them occur in California. There are many causes of truck accidents but the National Transportation Safety Board and The National Institute on Drug Abuse found that of 168 fatally injured truck drivers, one or more drugs was detected in 67% and 33% of these drivers had blood concentrations of psychoactive drugs or alcohol. If the driver is fatigued, the statistics are a lot higher.
You need skilled representation after being injured in a truck accident. Call The Weinberger Law Firm personal injury attorneys in Sacramento today at 916-583-7709.
Liability In A Truck Accident Involving An Impaired Driver
Although the driver is responsible to abide by the law and operate his or her vehicle in a safe manner, there are other players involved that could be held liable. The employer has a duty to take preventive actions to ensure drivers are not operating under the influence. Truck accidents can get tricky because California has specific laws and only an experienced lawyer will have the knowledge of specific state and federal statute or regulation.
Evidence And Investigation
In order to have a successful claim, you will need to have evidence to establish liability. There are different levels of intoxication but they all lead to the same thing. It is important you understand that the act of being intoxicated cannot be the actual cause of the drunk driving crash. Instead, the cause was the negligent actions the driver took due to his or her intoxication. It’s a subtle but important difference. A lawyer can best explain this as it pertains to your case but the best evidence is if the truck driver has a citation for an open container or was arrest for a DUI or DWI.
Here are some tips to establish a DUI:
- Tell the police officers if you smell alcohol or marijuana on the driver’s breath.
- See if the driver uses eye drops.
- Watch to see if the other driver tries to dispose of beer cans, bottles of alcohol or drug paraphernalia.
- If there is more than one person in the truck, make sure you note which one was driving so they don’t switch places.
- After you file for a police report, make sure you receive a copy and contact an accident attorney immediately. Truck drivers and truck companies will often do everything in their power to avoid paying your claim. In extreme cases, they can even position you as the responsible party, but a skilled attorney will make sure that doesn’t happen.
If you’ve been injured by a drunk truck driver, contacting an accident attorney is the best thing to get the maximum compensation you deserve. Not only should you be seeking financial restitution to pay for medical bills, lost wages and pain and suffering but to also punish the party responsible.