Drunk Driving Truck Accidents in Victorville

Every car accident is unfortunate. Yet worse are wrecks caused not just by another driver’s temporary inattention or mistake but by their intentional decision to endanger themselves and others by drinking alcohol and still getting behind the wheel. When the individual who decides to drink and drive is a commercial truck driver, the situation is even more dire due to the extreme weight and size of the vehicle compared to others on the road.

A skilled attorney who specializes in drunk driving truck accidents in Victorville could help you establish the other driver’s liability, negotiate with insurance companies, and, ultimately, recover an amount that will help compensate you for the injuries you received.

Drinking and Driving Laws

In order to recover compensation after a truck accident, the person who suffered an injury must prove the trucker was at fault, typically by demonstrating they acted recklessly, carelessly, or negligently in some way. One common method that a Victorville lawyer who handles drunk driving semi-truck accidents could use to show the trucker acted recklessly is to prove they violated a law related to alcohol consumption.

For example, California Vehicle Code § 23152(d) makes it illegal for an individual to operate a commercial motor vehicle with a blood alcohol content of 0.04% or greater. At the federal level, 49 Code of Federal Regulations § 382.201 has an equivalent prohibition and also places the burden on employers to not let their drivers operate vehicles with a blood alcohol content over the prescribed limit. In addition, regardless of blood alcohol content, 49 CFR § 382.205 prevents all semi-truck drivers from drinking alcohol on duty, and 49 CFR § 382.207 prohibits a commercial driver from using alcohol within four hours of going on duty.

When a person is injured by the driver of a commercial vehicle, the driver was driving drunk at the time of the accident, and the driver’s company failed to comply with any of the federal regulations relating to limiting drunk driving for employers, California Civil Code § 3333.7 provides the injured person is entitled to receive three times the amount of compensation they would receive otherwise.

Comparative Fault in Drunk Driving Truck Accidents

Truck collisions in Victorville can have more than one cause, even those involving drunk driving. The person struck by the drunk driver, for example, could have been speeding, running a red light, or texting and driving at the time of the accident. Because of this, California has enacted California Civil Code § 1714, which provides for comparative negligence.

This means the jury will determine what percentage of fault for the accident is attributable to both drivers. When the injured driver who brings the lawsuit is partially responsible for the wreck, they can still recover compensation. The amount they recover, however, will be reduced in proportion to the percentage of fault that the jury assigns to them. An experienced lawyer could help to establish who is likely to be determined at fault early in a case and may be able to establish arguments and evidence that will limit the fault assigned to the injured person.

Schedule a Consultation With a Victorville Attorney That Specializes in Drunk Driving Truck Accidents

When you have been hurt by a drunk driver, you deserve compensation for your injuries. Working with a good law firm could help you maximize the amount you recover and get back to your normal life as quickly as possible. Call our attorneys who have experience with drunk driving truck accidents in Victorville today. We are ready to help you secure compensation.

Walter Clark Legal Group

Walter Clark Legal Group