Truck drivers must be fully responsible while operating their semi-truck or tractor-trailer. Unfortunately, some drivers choose to drink or do drugs before getting behind the wheel. Drunk or intoxicated driving creates a serious hazard to everyone on the road. Intoxicated drivers are considerably more likely to cause an accident and injure others on the road.
Drunk driving truck accidents in Iberville Parish can lead to devastating harm for you and your family. You deserve fair compensation when you are harmed by a drunk driver. Let the dedicated truck wreck attorneys at Tomeny | Best Injury Lawyers get to work for you.
Drunk Driving Laws for Truck Drivers
It is illegal for anyone to drive drunk, which includes truck drivers. Louisiana Revised Statutes § 14:98 prohibits drivers from operating a motor vehicle while under the influence of alcohol or drugs.
An ordinary driver is considered intoxicated if their blood alcohol concentration (BAC) is 0.08% or higher. For commercial truck drivers, the limit is only 0.04%. This lower limit reflects just how dangerous it is to drive a large truck while intoxicated. When commercial truck drivers operate their vehicles above the 0.04% legal limit, they can be held accountable for injuries they cause in an accident.
Hazards Posed by Drunk Truck Drivers
Intoxicated truck driving is dangerous to all others on the roadway. A truck driver is responsible for a large and heavy vehicle. A drunk truck driver is affected by the alcohol or drugs they have taken before getting behind the wheel. This can lead to:
- Aggression and sudden mood changes
- Lack of concentration
- Delayed reaction times
- Sluggishness and drowsiness
- Hallucinations
- Distracted driving
- Fatigued driving or falling asleep while driving
While the nature of intoxicated truck accidents varies, the effects can be devastating no matter what. Experienced Iberville Parish lawyers know how to find the exact cause of an accident and pursue compensation accordingly.
Criminal Sanctions and Per Se Negligence
Violating the drunk driving statute is a criminal offense—known as driving under the influence (DUI.) DUI carries criminal penalties like jail time, fines, and the loss of the trucker’s driver’s license. This criminal case is separate from the injured driver’s civil claim for monetary damages. Just because a trucker is charged criminally does not mean the injured driver cannot also file a civil claim.
In fact, a criminal conviction may be useful in a civil claim. If the driver is found guilty of driving under the influence, that conviction may be considered negligence per se. This helps prove part of the civil claim for negligence, making it easier to collect monetary damages with the help of a skilled Plaquemine drunk driving accident attorney.
You may also be entitled to pursue punitive damages. Punitive damages are designed to punish the drunk driver. Under Louisiana Civil Code 2315.4, the injured party has the right to punitive damages if there is proof that:
- The at-fault driver was intoxicated to the point that they lost standard control of their mental and physical self
- The intoxication was the cause of the plaintiff’s injuries
- The drunk driver showed wanton behavior, disregarding the public’s safety
Is the Employer Responsible for a Drunk Truck Driver’s Actions?
A trucking company that employs a drunk truck driver can be held responsible for their actions if the driver was drunk while in the course of their employment. This responsibility for negligent workers is called “vicarious liability.”
Employers are expected to pay any claims incurred as a result of their employee’s negligent actions, but large companies will use their significant resources to fight back against any claim—even valid ones. An injured driver needs dedicated legal counsel at their side to push back against these large companies and their tactics.
Consult a Drunk Driving Truck Accident Attorney in Plaquemine
Dealing with the aftermath of a truck accident can be incredibly hard. You should not have to do it alone. A personal injury claim could help you win the compensation necessary to put your life back together.
If you were involved in a drunk driving truck accident in Iberville Parish, do not hesitate to contact us at Tomeny | Best Injury Lawyers. We will work with you one-on-one to make sure you get the payments you deserve. To set up your free initial consultation, give us a call today.
