Truck Accidents – DUI

The impacts of a trucking accident can be catastrophic; all the more so when the professional behind the wheel has been drinking. In this QA article, attorney John Rosenberg breaks down your rights and options when an inebriated commercial truck driver causes serious injury, loss, and pain.

What Are The Legal Consequences For Truck Drivers Caught Driving Under The Influence In California?

Commercial truck drivers deal with higher consequences when it comes to drinking and driving than regular drivers.

Commercial trucks will lose their CDL for one year after a first DUI offense, and up to three years if the driver was hauling hazardous materials.  A second DUI conviction will lead to the permanent loss of their CDL.

Refusing a chemical test will also result in the automatic suspension of their commercial license for one year, even without a conviction. Truck drivers can also face probation, fines, and even jail time for a DUI conviction.

How Can A DUI By A Truck Driver Affect My Personal Injury Claim?

If the commercial driver who hit you was driving under the influence, this can serve as compelling evidence that they were negligent, reckless, and liable for the accident.

A DUI involving a commercial driver may also open up their employer to liability, possibly shedding light on negligent hiring, supervision, or driver retention. This can expose the entire trucking company to litigation, possibly increasing the number of parties you can seek damages from.

These factors can greatly impact negotiations and settlement outcomes, and may cause punitive damages to be awarded by a court, as well.

What Evidence Is Needed To Prove A Truck Driver Was Under The Influence?

To determine that a commercial truck driver was under the influence when they hit you, strong evidence will be needed.

This evidence can take the form of…

• Chemical test results that establish BAC
• The testimony of an arresting officer
• Video or audio recordings from inside the truck
• Witness statements (such as statements from bar patrons or a co-driver)
• Open containers found within the truck
• Police Reports (including the result of field sobriety tests)
• Expert testimony from accident reconstruction experts or toxicologists.

Together, this evidence can help create a compelling and fact-driven argument for driver impairment and liability.

Injured By An Impaired Trucker? Call Us For Legal Help Today!

When a commercial truck driver drinks, they endanger not only themselves but everybody on the road, especially drivers of much smaller vehicles. If you suspect a commercial driver was under the influence when they hit you, reach out to John Rosenberg to get the help and proof you need.

Have questions, or in need of legal representation? Call the Law Offices of John P. Rosenberg at (818) 716-6400 for an initial consultation today.