Determining Fault in Intoxicated Truck Driver Crashes

If two drunk drivers get into an accident, they may share various degrees of fault, depending on the circumstances of the case. A Denton lawyer can review the specific facts surrounding a truck accident caused by an intoxicated driver to determine who may be liable. It is worth noting that if a drunk truck driver causes a collision, a civil case can be brought against the company that employs them, since they are liable for the actions of their drivers. If a person has been drinking but follows the traffic laws, the jury may find that they are less at fault than the other drunk driver, allowing them to collect the most damages. If both drivers were acting recklessly (i.e., drinking and driving), the jury may be less understanding, leaving the injured claimant with no compensation after a truck crash.

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Liability for Trucking Companies in a Drunk Driver Crash

Commercial trucks are subject to the regulations imposed by the Federal Motor Carrier Safety Association (FMCSA). As such, they are responsible for everything their employees do while on the job. Some of the ways the company can open themselves up to liability include:

Lack of Proper Screening for Drivers

Trucking companies have a duty to ensure their drivers are never inebriated behind the wheel. While no one can guarantee that, shipping companies are responsible for doing a thorough pre-screen of employee candidates. However, many companies do not complete this screening, or if they do, they ignore the results. If a truck driver has a past record of alcohol or drug violations, lawyers may have an easier time convincing a jury that the employer company knew they were not safe to be on the road.

Assigning Drivers to Less Monitored Jobs

Sometimes, a driver’s DUI or DWI record would have disqualified them from driving under the FMCSA safety program, but some companies may simply look the other way, particularly with long- and short-haul intrastate drivers, like rock haulers. By skipping or ignoring the drug and alcohol screening and assigning workers with a record to infrequently monitored jobs, shipping companies that operate in Denton open themselves up to liability when a wreck is caused by an inebriated truck driver.

Exemplary Damages in Intoxicated Driver Tractor-Trailer Accidents

Because the liability for commercial vehicle crashes can be so different from other motor vehicle wrecks, damages can also vary substantially from case to case. For example, exemplary damages may be available after a drunk driving trucking collision to make an example of the defendant for gross negligence. Lawyers may pursue compensation for an injured person’s:

  • Pain and suffering
  • Medical expenses
  • Car replacement or repairs
  • Wrongful death
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Call a Lawyer about Drunk Driving Truck Accident in Denton Today

When you have been in a commercial vehicle accident where the truck driver was intoxicated, the resulting damages can be life-changing. Our knowledgeable attorneys could help analyze the facts of your drunk driving truck accident in Denton. Get in touch with our team for a consultation today.

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Get The Help You Need Contact McCraw Law Group

If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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If you are in need of a personal injury attorney in North Texas, please contact the team at McCraw Law Group today. We are ready to help you in a broad range of serious accident and injury legal issues, and offer multiple ways to reach us.

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