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 focuses 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.

What Are the Applicable 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 not to 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.

Advantages of Working With a Local Attorney

Most people know that they should talk to an attorney after a car wreck. However, they may not know the importance of talking to local counsel. A local attorney is not just familiar with the roads; they also know local insurance companies, law enforcement, the courts, and typical settlements and jury awards.

Since all of these factors can influence settlement amounts and potential payouts in jury cases, this knowledge puts the attorneys at Walter Clark Legal Group at an advantage. As local drunk driving truck accident attorneys in Victorville, they can offer personalized experience for your case.

Economic Recovery After Drunk Driving Crashes

Just like other auto accidents, Victorville drunk driving truck wrecks can lead to substantial injuries, time away from work, lingering pain, and trauma. Fortunately, you can recover money for both economic and non-economic injuries.

Economic damages are how you recover for financial losses. These losses are tangible, though they can be uncertain. For example, current medical expenses are certain expenses, but the cost of future medical expenses is uncertain. Not only can costs for medical services change, but knowing your future medical care needs can be impossible.

Lost income and loss of future income are similar. You can determine lost income at the time of a settlement or during a trial. However, you may not know how long you will be out of work, and if you cannot work for an extended period of time, you have to make predictions about what your income would be. For example, someone who is considered permanently disabled would have presumably gone on to get raises or promotions over their lifetime. An attorney can help you make the strongest argument about missing wages.

Property damage is often the most straightforward economic loss. The insurer should cover the fair market value of your vehicle, which is what it would cost to replace the vehicle. If you have a loan on the vehicle and are “upside down” (owe more than the vehicle is worth), the other party’s insurance will not cover that difference, but your own insurance may have a gap policy.  While this should be straightforward, insurers are known for lowballing property settlement amounts.

What to Do If I Suspect the Other Driver Was Drunk?

Contact first responders, including law enforcement, anytime there is an accident with injuries. Doing so is even more important when you suspect that the other driver is intoxicated. After the truck collision, share your suspicions with the Victorville police so that they can take steps to ascertain whether the driver was drunk. Fortunately, law enforcement and other first responders have specialized training to help them determine whether a driver is intoxicated, and they can take steps to test the driver’s sobriety.

You can also take steps to document any evidence you may have that the trucker was drunk. This can include getting witness information for people who can report that they were driving erratically, photos of anything at the scene that could support the idea that they were drinking, and similar information.

When the drunk driver is a trucker, it can also lead to more substantial payouts for victims. In addition to the trucker being personally responsible, the trucking company may be responsible for negligent hiring. This can be a real bonus for victims with severe injuries because the cost of those injuries can easily exceed insurance limits.

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 Concentrates 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.