Truck Accidents Due to Drug and Alcohol Use
Commercial drivers are held to higher regulatory standards than passenger vehicle operators, ranging from additional licensing, strict limits on the hours they can operate a commercial vehicle in a set period, and lower BAC limits. For example, the legal BAC limit for adults operating a passenger vehicle is 0.08. Still, a CDL driver operating a commercial vehicle like a bus or semi-truck has a BAC limit of 0.04. However, BAC only addresses alcohol use, and several other mind-altering substances are outright illegal for anyone to use while operating a vehicle, CDL or not.
Suppose you are involved in a truck accident with a driver under the influence of alcohol or other drugs. In that case, you may be entitled to compensation that goes beyond what their insurance policy is initially willing to offer. Working with a personal injury attorney throughout the entire claims process is one of the best ways to ensure that each of the many damages you have suffered is both addressed and compensated.
Contact Us For a Free Consultation After a Truck Accident
The team at Goldstein & Goldstein is here to help. We offer a free initial consultation to victims of truck accidents that someone else caused, whether or not alcohol or other intoxicants were involved. We understand the frustration of knowing that your accident may not have happened if the at-fault truck driver had chosen to abstain from using these dangerous substances while operating their vehicle, and we will work on your behalf to fight for the money you are rightfully owed.
Contact us as soon as possible to partner with an experienced and proven truck accident attorney who will build a strong case and fight for your rights. At the same time, you focus on your recovery from such a painful and traumatic experience.
To Get The Money You Deserve, Partner With a Truck Accident Attorney Today
In a situation where the at-fault driver is clearly responsible — such as when they are cited or arrested for OUI after the accident — a victim may believe that this will result in a simple claim that results in them getting the money they deserve. Unfortunately, apparent fault does not equate to getting a fair settlement outright. Determining fault and calculating damages are two equally important but separate steps in a claim, so simply establishing that the trucker caused your accident due to intoxication is an essential first step that will ultimately have little to no bearing on the insurance adjuster’s goal of paying you as little as possible.
When you initiate a claim with any insurance company, the reality is that the adjuster assigned to your case is working on behalf of the insurer and will be looking for a quick, low-cost resolution to the case. No matter how pleasant your experience may be with them, the adjuster is not working for your best interests. While you focus on getting your life back on track after your accident, you deserve to have an attorney build your case and fight for a fair outcome.
Calculating Damages After a Truck Accident
Again, fault does not equal, fair compensation. In many cases, an attorney will need to establish fault before moving forward with calculating damage, but an accident caused by an intoxicated truck driver leaves little room for interpretation. However, your attorney will need to go through a wide range of impacts on your life to calculate the money you are entitled to, and therefore the amount they should be seeking through negotiations.
Economic damages address all impacts to your life that have set dollar values, like your medical bills and lost wages. These are typically the damages that an adjuster will focus on, but they only tell a small part of the overall story of your accident.
Non-economic damages seek financial compensation for impacts that do not have monetary values, like the actual pain and suffering of your accident and the resulting emotional impacts you must endure. As you can imagine, reaching an exact dollar value for something as abstract as “depression” is best left to an attorney — especially when it comes time to defend the calculations in negotiations. We are here to fight for what you are owed.