Truck crashes often cause severe harm to the occupants of other involved vehicles. When a truck driver operates their rig while intoxicated, the risk to others greatly increases.
Drunk driving truck accidents in Tucson happen far too frequently. If you suffered injuries in a crash caused by an intoxicated trucker, contact the attorneys at Phillips Law Group. We have been advocating on behalf of injured people in the community for more than 30 years, and we have the resources and skills to take on the big transportation companies and win.
People with standard driver’s licenses cannot operate a vehicle if their Blood Alcohol Concentration (BAC) exceeds .08. Arizona Revised Statutes § 28-1381 (A)(4) further restricts the BAC for drivers operating vehicles that require a commercial license to a .04 BAC.
When someone driving a commercial vehicle has a BAC exceeding .04, they have violated the drunk driving laws. The truck driver’s violation of the law makes a subsequent claim for compensation easier to prove.
In most personal injury cases arising from vehicle accidents, an injured person must prove that the at-fault driver was negligent. However, when a truck driver has a BAC exceeding the legal limit, they have committed negligence per se. A Tucson attorney only needs to prove that the truck driver was intoxicated when the accident occurred, and that the plaintiff’s injuries were the result of the trucker’s intoxication.
An injured person bringing a compensation claim does not need to show beyond a reasonable doubt that a trucker was intoxicated. In a civil case like a compensation claim, evidence showing it is more likely than not that the driver was intoxicated is sufficient.
If the driver was convicted or pleaded guilty to drunk driving, the conviction is evidence that the driver was negligent. If the truck driver was acquitted of a drunk driving charge, a skilled Tucson attorney could present other evidence to establish negligence.
They could request the trucker’s BAC readings and personnel file, which could provide evidence that the trucker’s employer disciplined them for driving while intoxicated. The truck’s in-cab video might show that the driver was impaired, or their credit card records or expense receipts might show that they drank alcohol immediately before the accident.
Anyone injured in a vehicle accident caused by someone else’s negligence is entitled to damages. Damages cover documentable economic losses such as medical expenses, reduced income, and incidental costs. They also provide financial compensation for intangible losses like emotional trauma, disability, and physical pain.
When injuries were inflicted by a drunk driver, an injured person also might be eligible for punitive damages. These additional damages are essentially a penalty a court imposes when a driver acts knowing their conduct poses a risk to others but gets behind the wheel without regard for their safety.
Truck drivers have a heightened obligation to drive safely, so a court might be more likely to award punitive damages in such cases. An experienced Tucson attorney could explain whether pursuing punitive damages against a drunk truck driver is advisable in a specific case.
If you were hurt in a crash caused by an intoxicated truck driver, claim compensation with Phillips Law Group. We have a history of obtaining favorable results in drunk driving truck accidents in Tucson. Reach out to us today to schedule a free consultation with a member of our truck crash team.
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