Drunk Driving Truck Accidents in Rancho Mirage
Drunk truck drivers jeopardize the health and safety of themselves and others when operating a motor vehicle. Drunk driving accidents can occur throughout the area because of its proximity to popular commercial trucking routes and attractions. Your injury from a drunk driving truck accident in Rancho Mirage could entitle you to legal claims for compensation to recover from the accident. Contact us to get important details on filing these cases and learn how our truck crash attorneys can serve as a resource in furthering your claim for compensation.
When Does Drunk Driving Violate State Law?
It is a violation of California Vehicle Code § 23152 to drive a truck while under the influence of an alcoholic beverage or drug. This code section explicitly prohibits the operation of a motor vehicle when a person has a blood alcohol level of 0.08 percent or more. California Vehicle Code § 23153 also makes it clear that drivers are acting unlawfully when neglecting their duties in driving a vehicle and causing bodily injury to others while under the influence. After impaired driving truck accidents in Rancho Mirage, an injured person could seek compensation from those at fault.
Who Has Liability for Damages from a Drunk Truck Driver’s Actions?
Responsibility for the injuries to others from a Rancho Mirage drunk truck driver accident can belong to the intoxicated driver, their employer, and other parties whose negligence contributed to the cause of the accident. Employers of commercial truck drivers can assume this liability under two common legal actions. First, employers have vicarious liability for their employees’ negligence and misconduct that causes injury, as stated in jury instruction CACI No. 3700. An intoxicated truck driver who is an employee and acting within the scope of their employment at the time of the accident can create vicarious responsibility for their employer.
An employer can also be liable for negligently hiring a truck driver who causes an accident under CACI No. 426. This form of employer negligence could arise through failure to regularly screen truck drivers for alcohol and drug use or by failing to conduct a proper background check into a driver’s history. These background checks could reveal prior DUI arrests and histories of drunk driving incidents.
The Type of Compensation Available After a Drunk Driving Truck Collision
An injury lawsuit in Rancho Mirage related to a drunk driving truck crash could provide compensation for several types of incurred damages. A person could have a right to damages for their medical bills, lost wages from injuries causing temporary or permanent disability, and other noneconomic damages for general pain and suffering.
The circumstances of the drunk driving truck accident could provide additional compensation to an injured person under state law. For example, a person could recover treble damages under California Civil Code § 3333.7 when a commercial vehicle driver’s intoxication causes injury, and their employer willfully failed to comply with alcohol and drug testing requirements under California Vehicle Code § 3420. This can significantly increase the amount of compensatory relief an injured person could receive through a civil lawsuit following a truck wreck.
Contact an Attorney After Drunk Driving Truck Accidents in Rancho Mirage
The state imposes a two-year filing deadline on claims for injury arising from the negligence and misconduct of others. This deadline applies to claims against intoxicated drivers or their employers for drunk driving truck accidents in Rancho Mirage. Missing this filing deadline can result in a dismissal of your case and could prevent you from recovering compensation for your injuries.
If you have additional questions about the potential to receive compensation for your injuries following an accident with a drunk trucker, our attorneys could provide further assistance. We could take the next step in your case, including the filing of a civil lawsuit and investigation into the liability of others for your injury. Schedule a case review today.