Drunk Driving Truck Accidents in Banning
Sharing the road with commercial trucks may be risky, but when a truck driver chooses to drive drunk, the danger becomes even greater. If you sustained injuries in a truck accident where the driver was under the influence, you may feel overwhelmed and unsure of the steps you need to take to move forward. You could be facing injuries, mounting medical bills, lost wages, and uncertainty about your future. Speaking with a lawyer about drunk driving truck accidents in Banning could help you understand your rights.
A knowledgeable personal injury attorney could help you navigate claims for injuries from trucking accidents caused by drivers driving under the influence (DUI), from start to final settlement or jury award. By working with a local truck accident lawyer, you could focus on your recovery while your attorney handles the insurance companies. Walter Clark Legal Group understands the importance of pursuing accountability for you to receive compensation for your injuries.
Liability for Drunk Driving Truck Accidents
Drunk driving truck crash cases in Banning are more complex than typical auto collisions because they may involve multiple liable parties. As a result, trucking cases may involve many insurance policies for the various parties. In addition to the intoxicated driver, the trucking company or another entity may also bear responsibility. For example, a trucking company could be liable if it failed to screen its drivers properly, ignored past violations, or pressured drivers to stay on the road despite warning signs for drunk driving.
An attorney could gather the necessary evidence to prove liability, including:
- Police and accident investigation reports
- Driver logbooks and employment records
- Testimony from witnesses and specialists
- Toxicology reports showing alcohol or drug use
By building a strong case, an attorney could improve the chances of obtaining full and fair compensation for the injured party. In addition, holding both the driver and the company accountable could increase the potential for meaningful compensation.
How Does Proposition 213 Affect Someone Injured by a Drunk Driver?
California Civil Code § 3333.4 (commonly known as Proposition 213 or Prop 213) restricts certain damages for uninsured drivers who drive drunk or commit a felony at the time of an accident, even when they are not at fault. Specifically, if an uninsured, injured driver is drunk at the time of an accident caused by another driver, the injured individual cannot recover certain damages from the at-fault driver. These excluded damages include:
- Pain and suffering
- Inconvenience
- Physical impairment
- Disfigurement
- Other nonpecuniary damages
However, if a drunk driver injures an uninsured driver, then the uninsured driver can still receive compensation for the excluded damages. In addition, if the injured person was simply a passenger of an uninsured driver, the injured party may claim those excluded damages under Proposition 213.
Understanding all limitations and exceptions is crucial when pursuing a truck accident claim against a drunk driver in Banning.
Meet With a Trusted Banning Drunk Driving Truck Collision Lawyer
Recovering from a collision with an intoxicated truck driver is not something you should face alone. Legal guidance could make the difference between a low settlement and one that truly reflects your needs.
To learn how a lawyer who understands drunk driving truck accidents in Banning could assist you, reach out to the Walter Clark Legal Group today. A free consultation could be the first step toward obtaining the resources you need for healing and moving forward.
