Driving with a blood alcohol concentration (BAC) of over 0.08 is not only dangerous for everyone on the road, but it’s also illegal. When a trucker drives while intoxicated, their large tractor-trailers can cause severe accidents.
Intoxicated truck driver accidents in Barrie can result in catastrophic damages, but you could recover financial compensation for your losses. If you were harmed in a collision with a drunk commercial vehicle driver, an elite truck wreck lawyer could help you file a civil suit.
While alcohol is a common substance that causes impairment, many intoxicated truck driver incidents involve drug use. Because commercial vehicle operators drive such long distances, they often take stimulants to try to stay awake. Unfortunately, when these drugs wear off, the driver can fall asleep and crash the truck.
There’s also been an increase in opioid use, which can impair a trucker’s ability to function. The type of drug used may affect how the accident occurs, but it doesn’t affect the legal case. Whether the truck driver was intoxicated by alcohol or drugs, you should speak with a qualified lawyer.
Because drunk driving is a violation of the Criminal Code, you could pursue a prima facie case of negligence against the truck operator. In a severe accident, the police will likely conduct an investigation. Police records that state the driver was under the influence of drugs or alcohol can be a vital piece of evidence in your case.
If the driver is operating the truck with the consent of the owner, both parties are vicariously liable. This is true whether or not the trucker is driving within the scope of employment.
The establishment that served the intoxicated trucker could be responsible for an accident under tavern liability. In these cases, the owner of the vehicle and the driver would still be negligent. An expert-ranked lawyer could identify all the potentially liable parties in your intoxicated truck driver case.
About 98 per cent of all personal injury actions in this area end in a settlement. The compensation you could receive may include general non-pecuniary damages for pain and suffering and economic damages for medical and rehabilitation expenses. Punitive damages are generally only awarded if the drunk driver was not punished through the criminal system.
In situations where the injured driver is found partially responsible for the accident, damages will be reduced by the percentage of liability attributed to the driver. If you might be partly responsible for an accident, a truck accident lawyer could prevent your damages from being drastically reduced.
The family members of someone who dies in an intoxicated driving wreck could pursue claims under the Family Law Act, Section 61. They could recover damages for the loss of care and guidance and companionship.
And under this legislation, the family can also proceed with dependency claims, which is the amount of economic support that the deceased would have provided them. If you were in a truck accident or lost a loved one in a drunk driving collision, talk to a lawyer about the compensation you may be eligible for.
Attempting to take on a legal claim without an experienced lawyer could harm your case. At Rastin Law Trial Lawyers, we could collect all the evidence necessary to establish liability and prove that 100 per cent of the fault is on the truck operator.
Our trial lawyers could hire forensic engineers and accountants, perform accident reconstruction, and obtain the Technical Traffic Collision Investigation (TTCI) Report. Contact us today to discuss how we could handle your intoxicated truck driver accident in Barrie.