If the truck driver was under the influence of alcohol or drugs during your accident, you could sue the driver, the trucking company, and perhaps other liable parties. Trucking companies must take steps to prevent drivers from operating trucks while impaired. If impairment contributed to your crash, the trucking company might have to pay for your damages.
Other parties, such as a bar or restaurant, could also be liable for overserving the truck driver. A Dallas truck accident attorney from our team will investigate your accident, establish liability, and seek fair compensation from the responsible parties.
An Impaired Truck Driver May Face Criminal Charges—But You Can Sue for Your Damages
While law enforcement officials may seek criminal charges against an impaired trucker who caused your accident, the criminal process will not address your needs as a victim. You may sue the parties responsible for the trucker’s impairment and the resulting accident.
Most motorists know that the law considers someone driving drunk if they have a blood alcohol concentration (BAC) of .08% or greater. However, Texas law holds truck drivers to an even higher standard for alertness and sobriety.
Texas Transportation Code § 522.081 explains that a truck driver can lose their commercial driver’s license for driving with a BAC over .04%. Authorities may have determined a truck driver’s impairment at your accident scene (or shortly thereafter) by:
- Taking breath samples
- Taking blood, hair, or urine samples
- Conducting a field sobriety test
- Observing the truck driver’s appearance, movements, demeanor, speech, and motor function
- Searching the vehicle for drugs, alcohol, or paraphernalia
What Damages Should I Seek Compensation for After a Truck Accident in Texas?
A personal injury attorney from our firm will calculate the precise value of your damages, as no two victims have the same injuries, financial losses, or psychological symptoms.
When a truck driver is under the influence of alcohol or drugs, they may be more likely to cause a high-speed accident. Such accidents can cause severe damages, including the following:
- Healthcare expenses: When an impaired truck driver causes a collision, victims often face lengthy recovery times and costly medical bills. The trucker, their employer, or an insurance company should cover all your accident-related healthcare costs, including any rehabilitation, medications, mental health treatment, or medical equipment you require.
- Total damage to your vehicle and other property: Trucks weigh far more than passenger vehicles, and this weight difference increases the risk of catastrophic collisions. Thus, we will seek compensation to replace your car or complete repairs if your vehicle does not suffer total damage. Your truck accident lawyer will also account for other property damage resulting from the accident.
- Lost income: Our team will seek fair compensation for lost income, diminished earning power, and other professional damages. For example, if you were on track to achieve a performance bonus but had to stop working due to accident-related injuries, we could include that bonus value in your claim.
- Pain and suffering: Victims sometimes have recurring traumatic memories, nightmares, and anxiety related to their truck accidents. Physical pain, depression, post-traumatic stress disorder (PTSD), lost quality of life, and sleep problems might qualify as pain and suffering.
- A wrongful death: Tragically, truck accident cases often become wrongful death cases. Our wrongful death attorneys will seek compensation for pain and suffering, loss of consortium, lost financial support (including the decedent’s household services), funeral expenses, medical expenses, and other damages.
Whether you have suffered non-fatal injuries or lost a loved one, our firm supports you. Our dedicated attorneys will fight tirelessly for the financial outcome you deserve and never shy away from tough cases involving trucking companies.
How a Truck Accident Attorney From Our Firm Will Pursue Compensation for You
When you call in the Strong Arm for your truck accident case, you receive the full support of a deep, versatile legal team. Our attorneys, paralegals, and other staff members will fight for your financial recovery in many ways.
Gathering Case-Related Evidence
We take an urgent but meticulous approach to gathering evidence. Sometimes, we must move quickly to secure evidence in truck accident cases involving impairment. For instance, we may file a letter of spoliation requiring the trucking company to hand over helpful evidence.
Some examples of useful evidence in an intoxicated truck accident claim include the following:
- Records that show the driver had a history of impairment, dangerous driving, or other issues
- Data from the truck’s black box, which may provide critical information about the collision
- Witness accounts of the truck accident
- Witnesses who saw the truck driver drinking alcohol or using drugs
- An expert’s reconstruction of the crash
Documenting Your Damages and Calculating a Settlement Value
Your personal injury attorney will document your damages using the following information:
- Medical records that detail your doctors’ diagnoses and prognosis
- Proof that you cannot work while injured (and the income you lose as a consequence)
- A mental health expert’s evaluation of your pain and suffering
- Invoices for vehicle repairs or the cost of a new vehicle
We will identify every way your accident has harmed you. Then, we’ll seek convincing proof of each of your damages.
Negotiating a Settlement or Completing a Trial
We aim to hold at-fault parties responsible for an intoxicated truck driver’s negligence. Specifically, we will seek a settlement covering all your accident-related losses. However, if liable parties will not pay you fairly through a settlement, we will take your case to court.
Call Loncar Lyon Jenkins Today for Your Free Consultation
A truck accident lawyer from Loncar Lyon Jenkins will oversee every detail of your case. We intend to secure the compensation you deserve as soon as possible, allowing you to move forward from the accident.
Remember that Texas Civil Practice and Remedies Code § 16.003 generally requires that we file truck accident cases within two years of the collision. So, please don’t wait. Call Loncar Lyon Jenkins today for your free consultation.
