Drunk driving can have tragic consequences, especially in cases involving a truck. Even the smallest amount of alcohol can affect a motorist’s reflexes and judgment.
For those who survive drunk driving truck crashes, there can be lifelong consequences. Thankfully, there are legal means for injured parties to obtain compensation from the individuals who caused them harm.
It is vital to act quickly when you have gotten into a collision with an intoxicated trucker. If you or a loved one were in a drunk driving truck accident in McAllen, you should contact a capable truck wreck attorney today.
Laws Relevant to Drunk Truck Driving
In Texas, laws regarding intoxicated truckers are designed to ensure road safety. Under federal standards, the legal BAC limit for commercial drivers is 0.04%, and the limit for non-commercial drivers is 0.08%.
A conviction for driving while intoxicated (DWI) and operating a commercial vehicle leads to disqualification from commercial vehicle operations for one year or three years if carrying hazardous materials. A second conviction will result in a lifetime disqualification, although reinstatement is possible after ten years under certain conditions.
Commercial drivers are subject to implied consent laws. Under the local implied consent law, every Texas motorist gives consent by default to law enforcement to test their BAC level if the officer has reasonable grounds to believe the person is under the influence. If they refuse to take a BAC test, the driver will be penalized depending upon their DWI history. In addition, refusal to submit to a chemical test leads to an automatic suspension of the motorist’s commercial license for at least one year.
Drunk Driving Truck Crash Cases
Driving while intoxicated constitutes negligence per se, which means that not all the factors of negligence, including duty, breach, causation, and harm, must be present. Under the negligence per se standard, only causation and harm must be present.
Punitive Damages
A person injured in a drunk driving collision is more likely to receive punitive damages than one where alcohol was not a contributing factor. Punitive damages punish the defendant for intentional gross negligence and discourage others from repeating their behavior.
Comparative Fault
There are instances where both drivers can be held liable for an accident through the modified comparative fault model. If the plaintiff is found to be more than 50% at fault for the wreck, they cannot recover any damages.
Filing Deadlines
It is essential to note the statute of limitations in a case. The deadline to file civil cases in Texas is generally two years for personal injury law. Special circumstances, such as discovery issues or claims involving minors, can affect these time limits.
Individuals seeking compensation should be aware of these timeframes to ensure their legal rights are preserved. A McAllen lawyer who knows the importance of proving liability in driving under the influence of truck crashes will be an invaluable resource.
Talk to a McAllen Attorney About a Drunk Driving Truck Accident Case
If you have been affected by a drunk driving truck accident in McAllen, you may be able to seek compensation through legal means. There is no reason to handle a case on your own.
Confronting insurance companies, collecting evidence, and keeping track of deadlines can feel overwhelming. Hire a knowledgeable personal injury attorney with KGS Law Group today to assist you in seeking compensation for your losses.