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It is illegal to drive while intoxicated and there are two different legal standards to determine whether someone is driving while under the influence: if their alcohol use made them a danger, or through use of a breathalyzer or blood test. If an individual’s blood alcohol content is 0.08 or higher, then they are considered legally intoxicated and subject to criminal prosecution.
Our respected truck accident attorneys could represent you if you were harmed from an intoxicated truck driver accident in Indianapolis. Call us to learn more.
Because truck drivers are so highly regulated, it is uncommon for them to get drunk and cause a crash. Though the standard BAC level for intoxication is 0.08, truck drivers are not allowed to have any evidence of alcohol on their breath, even if they are sober. Drunk driving crashes are much more common with passenger vehicles but that does not mean they do not occur with commercial vehicles as well.
Following an accident in Indianapolis, it is usually fairly obvious if a truck driver has been drinking. It is not a crime to drive after having a drink, but it is a criminal offense if someone drives while intoxicated, which often means they display bloodshot eyes, slurred speech, and an odor of alcohol, among other traits.
The most common substance creating intoxication is alcohol, but even prescription medication can cause a truck driver to drive erratically. Illegal drugs will also affect a truck driver’s ability to operate the vehicle safely.
When there is an accident in Indianapolis involving an intoxicated truck driver, the same elements of compensatory damages are available as if the accident was caused by a sober passenger car: economic damages such as medical bills, lost wages and property damage; and non-economic damages, such as pain and suffering, disability and loss of normal life.
A drunk driver may also be subject to punitive damages meant to punish the egregious conduct and discourage others from exercising the same conduct. Driving while intoxicated rises to the level that most courts would let a jury decide whether to award punitive damages.
It is common for drunk truck driver cases to settle out of court. Insurance companies realize that drunk drivers are not looked upon favorably in court and they recognize the potential for exposure to a large jury verdict. However, regardless of the status of the driver, an injured plaintiff must still prove damages, or else the case has very little value even if the at-fault driver was intoxicated.
The value of a personal injury case depends on several factors, including liability. If an intoxicated truck driver causes an accident in Indy, this could be seen as an aggravating factor in favor of liability. An experienced lawyer is in the best position to advise on how to best prove damages.
First, there may be a criminal charge against the trucker for driving while intoxicated, where a prosecutor must prove them guilty beyond a reasonable doubt. From the same accident, there can also be a claim for personal injuries handled in a civil court.
In a civil suit, the injured plaintiff must prove their case by a preponderance of the evidence, which means it is likely more true than not true. In the criminal case, the prosecutor must prove the defendant guilty beyond a reasonable doubt. These two cases will continue concurrently but are handled as separate matters.
It is always recommended to speak to an experienced Indianapolis attorney following an accident with a drunk truck driver. Trucking cases are handled differently than typical personal injury cases involving car accidents.
To receive the maximum value from a truck accident case involving a drunk driver, we can advise the injured person on how to best document and substantiate the injuries. Call now for a free consultation.