Can Your Lilburn Truck Accident Attorney Sue a Trucking Company if the Truck Driver Was Drunk?

DUI is one of the most common causes of truck accidents.

If you spend a lot of time driving on the highway, you probably know what it’s like to have a close call with a tractor-trailer. Our truck accident lawyers in Lilburn certainly know what this is like. Many of the clients they represent have been seriously injured in truck accidents.

The question is what will your Lilburn accident attorney do if the trucker was drunk or high at the time of the crash?

Is It Common for Commercial Truck Drivers to Be Arrested for DUI?

Truck drivers are regular people. They make mistakes. Unfortunately, this means that, on occasion, they get behind the wheel after drinking one too many drinks. Or they may drive after using marijuana or another mind-altering drug.

Whenever any driver is under the influence of drugs or alcohol, they are bound to drive much more recklessly than they would if they were sober. If you get into an accident and the commercial driver is arrested for DUI, it will have a tremendous impact on your case.

The Legal Limit for DUI Is Much Lower for Commercial Truckers

Commercial drivers are almost always held to a higher standard. This is true for DUI as well. For personal drivers, the legal limit for a DUI is .08. The legal limit for commercial truck drivers, however, is half this amount at just .04.

What this means is that, even if the trucker only had a few drinks, they could very well register a .04 on a breathalyzer test. If the truck driver that hit your vehicle is arrested for DUI, your truck accident lawyer in Lilburn is going to use that in your case.

Whether the Defendant Was Arrested and Charged With DUI Makes a Big Difference

It’s important to remember that there is a massive difference between someone being charged with DUI and being convicted of DUI. If the truck driver is initially arrested for DUI but is not charged, it will be harder to argue that they were, in fact, under the influence. The same is true if they are acquitted at trial.

The defendant’s attorney is going to argue that you can’t use the DUI arrest as proof of negligence. They’ll claim that, since the truck driver was not convicted, it would be highly prejudicial to use their arrest in court.

Can Your Truck Accident Lawyer in Lilburn Prove the Truck Driver Was Convicted of DUI?

Now, if your Lilburn accident attorney can prove that the trucker was convicted of DUI, that’s another story. In order to prove your case and collect damages, your truck accident lawyer in Lilburn must prove the following:

  • The truck driver owed you a duty of care.
  • They breached this duty.
  • You were injured.
  • Your injuries were caused by the defendant’s breach of duty.

One way to prove that the defendant breached their duty of care is to show that they were drunk at the time of the crash. Your Lilburn accident attorney will use the trucker’s DUI conviction to prove that they breached their duty.

As long as they can prove that you were injured, there’s a good chance you’ll recover the damages you deserve.

The BAC limit for truck drivers is lower than for regular drivers.

There’s a Big Difference Between Being Arrested for DUI and Being Convicted

If the truck driver is not convicted of DUI, your Lilburn accident attorney may still be able to use their arrest to prove your case. For example, perhaps the driver was not over the legal limit of .04. But what if their blood alcohol concentration was .03?

For the police to arrest the truck driver for DUI, they must have reasonable cause to believe that they are, in fact, under the influence. This could include any of the following:

  • The truck driver was slurring their words or seemed incoherent.
  • The driver was swerving in and out of their lane.
  • The police officer smelled alcohol or marijuana as they approached the truck at the accident scene.
  • The driver’s eyes were bloodshot.
  • There are open containers in the cab of the tractor-trailer.

Any one of these things would be sufficient to argue that the truck driver was primarily liable for any injuries you suffered.

Your Lilburn Truck Accident Lawyer May Also Have to Pursue the Driver’s Employer

In most cases involving commercial drivers, your Lilburn truck accident lawyer would pursue the driver’s employer. This is because, in many cases, the employer is liable for any damages caused by their employees.

In a case such as this, your accident attorney in Lilburn will have to prove that the defendant’s employer was aware or should’ve been aware that the driver was under the influence. One way to do this is to prove that the driver had been written up previously for suspicion of DUI.

Of course, the trucking company is going to argue that they shouldn’t be responsible in this case. They will claim that they have no control over what their drivers do when they’re out on their route.

Your Lilburn truck accident lawyer will argue that the driver had been cited for drinking and driving.

Contact Our Accident Attorneys in Lilburn to See What Your Options Are

A lot of drivers are already intimidated by large commercial trucks. It doesn’t help matters to think that a commercial driver could be under the influence of drugs or alcohol. If you happen to get into a truck accident and believe the driver was drunk or high, you need to contact the best Georgia accident lawyers.

Truck accidents are dangerous enough as it is. When you add drugs or alcohol to the mix, the results will be disastrous. The best way to protect your rights to compensation is to hire an experienced Lilburn truck accident lawyer.

We offer all potential clients a free, initial consultation. This gives you a chance to find out if your claim is worth pursuing. If your accident attorney in Lilburn can prove that the truck driver was under the influence, it will certainly strengthen your case.

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