Can I Sue for a Truck Accident Caused by a Drug-Impaired Driver?

Yes, you can sue for a truck accident caused by a drug-impaired driver. Truck drivers are legally required to maintain a high level of safety and responsibility on the road, including remaining drug- and alcohol-free while driving. When a truck accident is caused by a driver under the influence of drugs, it’s typically considered a clear case of negligence. This negligence can entitle you to compensation for your injuries, damages, and other losses. Here’s what you need to know about suing for a truck accident caused by a drug-impaired driver.

Understanding Liability in Drug-Impaired Truck Driver Accidents

Liability in truck accidents caused by drug impairment often extends beyond just the driver. Trucking companies, for example, are required to enforce strict drug and alcohol policies and perform regular testing to ensure drivers remain sober. If a trucking company failed to perform these checks or ignored signs of impairment, it could share liability.

Other potentially liable parties may include:

• Trucking Company: The trucking company is often liable if it failed to enforce drug-testing policies, hired an unsafe driver, or ignored red flags regarding the driver’s behavior.
• Third-Party Contractors: If the driver was hired through a staffing agency or contractor, that third-party entity may also bear some responsibility.
• Commercial Insurance Provider: Insurance providers for the trucking company may be responsible for paying damages, depending on the terms of the policy and the nature of the accident.

Legal Grounds for Suing a Drug-Impaired Truck Driver

To successfully sue a truck driver for a drug-impaired accident, you’ll need to establish several key elements of negligence:

1. Duty of Care: Show that the truck driver had a duty to operate the vehicle safely and without impairment, as they share the road with other drivers.
2. Breach of Duty: The driver breached this duty by choosing to drive under the influence of drugs, which impairs reaction time, judgment, and coordination.
3. Causation: Demonstrate that the drug impairment directly caused the accident, which led to your injuries.
4. Damages: Provide proof of damages, such as medical bills, lost wages, pain and suffering, or property damage, resulting from the accident.

Evidence Required to Prove Drug Impairment in a Truck Accident Case

To prove that a truck driver’s drug impairment caused the accident, your attorney will gather evidence from multiple sources, such as:

• Police and Accident Reports: These documents may contain observations from law enforcement regarding the driver’s impairment or results of drug tests administered at the scene.
• Drug Test Results: Truck drivers involved in accidents are often subject to mandatory drug testing, which can be used as evidence to confirm impairment.
• Driver Records: If the driver has a history of drug or alcohol-related offenses, this information can help support your case.
• Eyewitness Testimonies: Testimonies from people who witnessed the driver’s behavior before or after the accident may indicate impairment.
• Surveillance Footage: If available, video footage from nearby cameras can show erratic driving behavior, potentially caused by impairment.

Damages You Can Recover in a Truck Accident Caused by Drug Impairment

Victims of truck accidents caused by drug impairment may be entitled to various types of compensation, including:

• Medical Expenses: Coverage for medical bills, surgeries, rehabilitation, and ongoing care related to the accident.
• Lost Wages and Loss of Earning Capacity: Compensation for time missed at work due to injuries and potential future income loss if the injuries affect your ability to work.
• Pain and Suffering: Damages for physical pain, emotional distress, and mental anguish caused by the accident.
• Property Damage: Compensation for repairs or replacement of your vehicle or other damaged property.
• Punitive Damages: In cases of gross negligence, such as drug-impaired driving, courts may award punitive damages to punish the driver and prevent similar future behavior.

Steps to Take After a Drug-Impaired Truck Accident

If you are involved in an accident with a drug-impaired truck driver, taking the following steps can protect your rights and strengthen your claim:

1. Seek Medical Attention: Prioritize your health and well-being by seeking immediate medical care, even if your injuries seem minor. Medical records will document your injuries and serve as evidence in your case.
2. Call the Police: Notify law enforcement, as they will document the scene, gather evidence, and may conduct a drug test on the driver.
3. Collect Evidence: If you’re able, take photos and videos of the accident scene, vehicle damage, and visible injuries. Collecting the contact information of witnesses can also be valuable.
4. Consult a Truck Accident Attorney: An experienced truck accident lawyer can help you navigate the legal process, gather evidence, and advocate for your rights.

How a Truck Accident Attorney Can Help with Your Case

An Atlanta truck accident attorney experienced in cases involving impaired drivers can be invaluable in pursuing compensation. They can:

• Investigate the Accident: An attorney will conduct a thorough investigation, collecting police reports, drug test results, and other critical evidence.
• Identify All Liable Parties: They will determine whether other parties, such as the trucking company or third-party contractors, share responsibility.
• Negotiate with Insurers: Insurance companies often attempt to minimize payouts, but a skilled attorney can negotiate on your behalf for a fair settlement.
• Prepare for Court: If a fair settlement cannot be reached, your attorney will represent you in court, presenting a strong case backed by evidence.

What Compensation Can You Seek After a Drug-Impaired Truck Accident?

Victims of a truck accident caused by drug impairment may be entitled to several types of compensation:

• Medical Expenses: Covering immediate and long-term medical bills for common accident injuries.
• Lost Wages: Compensation for income lost due to the accident.
• Pain and Suffering: This covers physical pain, as well as emotional distress from trauma.
• Punitive Damages: These damages are intended to punish the driver for reckless behavior, especially if they were knowingly under the influence.

Understanding the types of compensation available can help you better assess what your claim may cover.

Contact us for a free consultation or call (404) 888-4444. You won’t have to pay unless we win your case!

Conclusion

If you or a loved one has been injured in a truck accident caused by a drug-impaired driver, understanding your legal rights and options is essential. From gathering evidence to navigating the legal process, knowing how to seek compensation can help you rebuild after an accident. Don’t hesitate to consult a lawyer who can guide you through proving liability, protecting your rights, and ensuring you receive fair compensation.
All our cases are handled on a contingency basis so you do not have to pay us until we win. Contact us today for a free case evaluation.