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  • Writer's pictureRobert Schuerger II

Who's at Fault in Truck Driver DUI Accidents?

Truck accidents are no joke. That's not to say other accidents are something to be laughed at. However, you can understand that victims of truck accidents are way more likely to end up with injuries that are either severe or fatal based on the sheer size of trucks and the kind of damage that they can do.

It's bad enough when a trucking accident happens for reasons such as distracted driving, improper loading, or faulty roadways. It's even worse when there is a DUI at play.

Drunk drivers are very problematic, even beyond Indiana's borders. If you are an unfortunate victim of a truck crash, you need a compassionate Indianapolis semi accident attorney who will fight for compensation as you focus on your recovery. Call Schuerger Shunnarah Trial Attorneys today at (833) 692-5038 for a free consultation!

What Does the Law Say About a Drunk Truck Driver?

What Does the Law Say About a Drunk Truck Driver?

A commercial truck driver is not immune from the law where driving under the influence of alcohol is concerned. It's very much illegal for them to drive in an intoxicated state, which should be obvious, but DUIs are still happening.

Bear in mind that while drivers are supposed to be responsible, the trucking companies they work for should put some kind of monitoring and testing system in place to help prevent this kind of unwanted outcome.

Federal laws state that commercial truck drivers need to maintain a blood alcohol content (BAC) of 0.04 at most. Failing to remain below that threshold is an offense that could lead to an arrest and applicable punishment.

Regulations require any truck driver to submit to a post-accident test once an incident has occurred.

Are the Truck Drivers Always Liable?

Truck crashes require the lines of responsibility to be ironed out for any claim or lawsuit to be successful. You may think to yourself that the driver of the truck is the party that should compensate you. However, this is not the case. You may find that multiple parties bear partial responsibility.

Some of the different parties who may have a hand to play are:

  1. The truck driver - As the person operating the unit, this one isn't too hard to see. In some accidents, speeding, truck driver fatigue, or even drunk driving may be the cause of the crash.

  2. The truck company - As the company is responsible for the cargo and its driver, it may be to blame. This can be true if the cause of the accident is improper training, a lack of supervision, neglecting to perform required maintenance on the vehicle, etc.

  3. The owner of the truck - Some companies use trucks leased from third-party owners. If the owner supplied the truck in a defective state, the blame may be pointed in this direction.

  4. Third-party service companies - Some trucking companies outsource functions such as cargo loading or maintenance. If the lapse falls under a function that one of these companies provides, that may make the company liable.

What Kind of Evidence Is Typically Used to Iron out Indiana Truck Accident Cases?

Truck accident claims are highly evidence dependent for obvious reasons, and this means that following a free case review, attorneys need to move incredibly quickly to ensure that they can build a case that indicates how the accident occurred, and why their client should be compensated. Some of the typical types of evidence used in this pursuit are:

  1. Alcohol and drug tests

  2. Witness statements

  3. Police reports

  4. Photos

  5. Traffic camera or other surveillance footage

  6. Truck's black box data recorder

  7. Phone logs

  8. Truck driver travel logs

Do You Have a Limited to File a Personal Injury Lawsuit Against a Trucking Company in Indiana?

Yes. This principle is what is known as a statute of limitations. Essentially, if the personal injury claim is not filed within a certain timeline, the court will likely dismiss the case unless there are extenuating circumstances.

At just two years, Indiana doesn't allow you that much time, which means that legal action must be taken quickly. Bear in mind too that the quicker you get started, the easier it is to identify relevant evidence that can be used to your benefit.

Therefore, those who find themselves being victims of trucking accidents are advised to reach out to an attorney in the shortest possible order. Schuerger Shunnarah Trial Attorneys can help answer questions like, "What is impairment rating?"

Types of Damages You Can Seek After a Commercial Truck Accident

A victim of these kinds of accidents with commercial motor vehicles will usually be able to claim economic and non-economic damages that may be applicable based on the circumstances.

Economic damages speak to those that are easy to attribute a monetary value to as there is documentation such as receipts and invoices that can be used. This category will include:

  • Medical expenses

  • Lost wages

  • Property damage

  • Reduced earning capacity

Non-economic damages are not quantitative and are highly subjective. They will require the expertise of an attorney to value adequately and will include:

  • Emotional distress

  • Loss of enjoyment of life

  • Pain and suffering

  • Disfigurement/disability

How Your Indiana Truck Accident Attorney Fits into Things

How Your Indiana Truck Accident Attorney Fits into Things

There are many benefits that victims of vehicle accidents can look forward to from working with an experienced lawyer. Consider the following:

  • A thorough investigation to build a solid case

  • Handling communication with insurance companies that will aim to use tricks of the trade to try to swindle you out of compensation

  • Properly identify all at-fault parties to seek compensation from

  • Represent you if the matter must be settled via trial

  • Using experience to fairly value all relevant areas of compensation

  • Providing you with direction to ensure you take no actions that could potentially jeopardize your case

  • Keeping you updated on the case developments that may occur

  • Responding to any queries or concerns you may have throughout the process

Speak to a Passionate Truck Accident Lawyer Today!

The idea of taking on a trucking company as an individual can seem intimidating. However, if you are a victim of an accident, we know there's nothing to be scared of, which is why we go to war for you. We can also advise on who's at fault in spilled cargo accidents.

There's no way we're going to sit and allow these drivers, companies, and other responsible parties to harm you financially after they've harmed you physically and emotionally.

Schedule a free case review with an experienced and passionate attorney at Schuerger Shunnarah Trial Attorneys by calling (833) 692-5038 today!


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