Every day, goods are transported across the nation by commercial vehicles such as trucks and tractor-trailers. These drivers provide an often-overlooked service that allows fresh groceries, medicine, and supplies to be available in supermarkets, pharmacies, and restaurants.
However, not all truck drivers exercise good judgment on the road. Some truck drivers choose to disobey the law and operate their vehicles while under the influence of drugs or alcohol. When drugs and alcohol are combined with the operation of a large motor vehicle, the results can be devastating.
If you were harmed by an intoxicated trucker, consult a knowledgeable attorney on a claim for damages. Our legal team is experienced in handling drunk driving truck accidents in Marietta and could help you pursue the compensation you deserve for your losses.
Alcohol is a substance that impairs brain function. This can lead to a diminished thinking, reasoning, and coordination when operating a motor vehicle, especially one as large and unwieldy as a commercial truck or tractor-trailer.
The weight of alcohol in a specific volume of blood, known as blood alcohol concentration (BAC) is used to determine a person’s level of intoxication. It is illegal in all 50 states to drive with a BAC of .08 or higher, as this level of intoxication substantially increases a driver’s risk of crashing.
Under O.C.G.A. § 40-5-75, the penalty for operating a motor vehicle while under the influence of a controlled substance is a suspension of that driver’s license. A commercial trucker who drives under the influence may face additional penalties according to federal trucking laws, which an experienced local attorney could further explain.
It is possible to hold a trucking company liable for the negligent actions of their employees under O.C.G.A. 51-2-2. If a trucker were acting within the scope of their employment when they drove under the influence, their employer could be held accountable in a claim for damages.
Additionally, if a truck driver causes an accident while operating a truck owned by their employer, the trucking company is presumed to be vicariously liable for the negligent behavior. The trucking company bears the burden of proving that the truck driver was not acting within the scope of their employment. A skilled attorney with experience handling drunk driving truck collisions in Marietta could help determine the potentially liable parties given the circumstances.
Damages are monetary compensation awarded by the court. Victims of drunk driving tractor-trailer wrecks in Marietta can recover compensatory damages for various types of losses associated with the accident. These could include:
The amount of compensation awarded will vary depending on the circumstances of the DUI truck collision, so it is important for an injured victim to work with a skilled attorney who could argue for the maximum value of their case.
In drunk driving accidents, punitive damages may also be available. Under O.C.G.A. § 51-12-5.1(f), there are no caps to punitive damages for crashes caused by intoxicated drivers. A dedicated lawyer at our Marietta office could assess a drunk driving truck collision case to see if punitive damages may be available.
Drunk drivers can cause serious harm, especially when they are operating massive trucks or tractor-trailers. Victims of drunk driving truck accidents in Marietta often suffer catastrophic injuries, requiring expensive medical treatment and time off from work to heal.
Luckily, you do not need to deal with insurance adjusters and trucking companies alone. A hardworking attorney at our firm could help you pursue the compensation you need to recover from your losses. Call our office today to learn your legal options for holding the negligent driver accountable and getting the restitution you deserve.