Drunk Driving Truck Accidents in Waco
It is incredibly dangerous to get behind the wheel when too intoxicated to drive. When a commercial truck driver operating a vehicle that can weigh up to 80,000 pounds does it, the consequences can be catastrophic—leading to serious injuries, significant property damage, and even death.
Cases involving commercial trucks can have complex liability questions that must be answered before you can recover damages. A truck collision attorney can help with this, as well as with arguing a case in court or negotiating for a payout with the involved insurance companies. Do not handle legal claims after distracted driving truck accidents in Waco on your own.
Who Is Liable After a Truck Crash?
An accident in Waco involving a drunk truck driver could have many liable parties. The truck driver would almost certainly be held liable if they were intoxicated. The bartender who served them could be liable, too, if the driver was obviously intoxicated and the bartender served them more alcohol, anyway. The trucking company could also be liable if it was negligent in hiring or training the driver or if it required the driver to operate their vehicle under unsafe conditions.
Additionally, the truck or a parts manufacturer could be held liable if a faulty motor vehicle or part contributed to the accident. Finally, another driver or the local municipality could also be at fault, depending on how the accident happened.
It is important to determine who is to blame because there is no second chance at recovery once a settlement is reached or a judgment is issued. A seasoned lawyer can help determine who is liable and provide an accurate damages calculation for their client.
Laws Relating to Drunk Driving Accidents
Driving while intoxicated (DWI) and driving under the influence (DUI) are prohibited under Texas Penal Code § 49.04. Intoxication is defined as having a blood-alcohol concentration of 0.08 or not having the normal use of physical or mental capacities due to alcohol. Additionally, § 49.02 prohibits public intoxication, and § 49.031 prohibits open containers in the passenger area of a motor vehicle.
Violation of any of these laws might apply liability in a related injury action. Another pertinent law is Texas Alcoholic Beverage Code § 2, covering dram shop liability. This law holds servers partly liable if they overserved an intoxicated patron. A Waco attorney can determine which laws apply to a drunk driving truck crash case.
Damages Available in a Druck Driving Truck Collision Claim
The state allows for three types of damages: economic, noneconomic, and exemplary. Economic damages cover items such as medical expenses, loss of income and benefits, and property damage. Noneconomic damages cover areas like physical pain, mental anguish, disfigurement, and physical impairment. Exemplary damages are like punitive damages and are only available as punishment in cases of gross negligence or intentional misconduct. Exemplary damages are rare in injury cases.
Through the modified comparative negligence rule, a person may recover damages when they are no more than 50 percent at fault in an accident. This incentivizes defense counsel and insurance representatives to try and shift blame onto the injured person; an experienced Waco attorney can handle all dealings with opposing counsel and insurance representatives after a drunk driving truck crash, so a person can focus on healing and returning to their life.
Call Today to Discuss Drunk Driving Truck Accidents in Waco
When you have been in a serious accident due to someone else’s drunk driving, you deserve a good lawyer to help you get the compensation you are owed for your injuries. Call us today for help with drunk driving truck accidents in Waco. The initial consultation is free. We will get you back on the road and your life back on track so you can put this accident behind you.
