Español Flag Español

Houston Drunk Truck Driving Accident Attorney

An intoxicated truck driver is dangerously negligent. When commercial vehicle operators make poor decisions, the consequences can be catastrophic for those who are unfortunate enough to share the road with them. 

If an intoxicated truck driver caused an accident that injured you, or if you lost a loved one in a tragic and entirely preventable crash, turn to the Houston truck accident lawyers at The Law Offices of Hilda Sibrian. 

Our trusted attorneys fight to help victims of drunk truck driving accidents demand every bit of compensation they are entitled to receive. For a free evaluation of your case, please call (713) 842-9492 or contact us online to speak with one of our knowledgeable lawyers.

How Our Houston Drunk Driving Accident Attorneys Can Help

The Law Offices of Hilda Sibrian will immediately commence a rigorous and thorough independent investigation of your truck accident. We will secure any and all evidence that will prove that the driver was operating the vehicle while under the influence. For example:

• If possible, we can obtain receipts from restaurants, bars, liquor stores, or another establishment that sold or served the driver alcohol. 

• Our team will also work to secure video from surveillance cameras and other evidence that can bolster your case. 

• Obtaining the police report from the scene could provide vital evidence, as well as any citations given or arrests made at the scene. 

• We will also request results from blood alcohol tests or other sobriety tests performed by law enforcement.

• Our team can investigate the driver’s history, including any intoxicated driving arrests, write ups, or terminations from work. 

• We can also seek any evidence that the trucking company was or should have been aware of any substance abuse issues in the driver’s past. 

• Our attorneys can also track down any eyewitnesses to the accident. Witness testimony can be extremely valuable in these cases.

Our firm believes in preparing each case as if it will go all the way to trial. This means that even if the case settles (and most cases do), we will have built the strongest case possible on your behalf. We will negotiate with the insurers for the at-fault party or parties to demand a fair and just settlement to provide for your needs, both present and future. If the other side refuses to pay or offers a low-ball settlement, we won’t be afraid to file a lawsuit and seek damages in court. 

How Truck Drivers Escape Regulation

It is important to understand that commercial truck drivers are held to a much higher standard when it comes to driving while intoxicated (DWI), as the legal blood or breath alcohol concentration (BAC) limit is only 0.04 for truck drivers. In other words, a truck driver is guilty of DWI even if he or she has a BAC that is only half the legal limit for drivers of traditional passenger vehicles.

The reasons for the much lower limit are primarily to discourage truck drivers from getting behind the wheel after any alcohol use. Unfortunately, some drivers choose to ignore these crucial requirements and choose to drink and drive anyway. 

The Federal Motor Carrier Safety Administration (FMCSA) requires truck drivers to undergo regular and random drug and alcohol testing, but certain drivers are able to avoid many of these tests. So-called “job-hoppers” lose their jobs when they fail tests but are quickly hired by new trucking companies without disclosing why they lost their last job.

Drivers classified as independent contractors also join consortiums that administer alcohol and drug tests, but such drivers may refuse the tests and continue to drive. Consortiums do not always report such violations to the FMCSA or state agencies.

The FMCSA also requires all truck drivers to undergo drug and alcohol tests after any truck accident causing injury or death. Most drunk truck drivers will be charged with DWI, and a conviction could be entered as evidence that the driver violated the law.

WE HAVE ATTAINED REAL RESULTS FOR THOUSANDS OF CLIENTS
CLIENT AWARDED $700,000
Truck accident with injuries to spine, chest, and knees. LEGAL FEES: $280,000
EXPENSES: $33,150
View All Case Studies🡒

CHOOSE A FIRM THAT CAN GIVE YOU THE REPRESENTATION YOU DESERVE

A Personal Injury Claim vs. a Criminal DUI Charge

A drunk truck driver may be charged with DWI for causing a motor vehicle accident, but that is a criminal case. It is handled by a prosecutor for the state who is seeking punishments imposed on the truck driver such as imprisonment and fines, but they do not seek compensation for victims.

A person injured or the family of an individual killed in a truck accident caused by a drunk driver will have to file their own civil claim. A civil case has some important differences from a criminal case.

• A prosecutor in a criminal case is required to prove a defendant’s guilt beyond a reasonable doubt, which is the highest possible legal standard. 

• A civil case, however, only needs to be proven by a preponderance of the evidence, which equates to more than half of the evidence supporting a plaintiff’s claims.

It is extremely important to understand that a truck driver who is able to avoid a criminal conviction can still be held civilly liable. The distinction is important because charges might be dropped, or the driver might be acquitted in criminal court. Being absolved of criminal charges has no bearing on the civil case against the driver and the trucking company. 

What to Do If You Think a Drunk Driver Hit You

• Always contact the local law enforcement agency to report a collision, and especially if you believe the truck driver might be intoxicated. Making sure that the police respond to the scene and investigate is crucial. If the driver is drunk, the police might arrest him or her on a DWI charge. 

• While you are at the scene of your accident, try to take pictures or videos of the scene, the vehicles, and your injuries. 

• Seek medical treatment immediately, even if you are not taken to the hospital by EMS. Having your injuries treated sooner rather than later can help ensure that you heal properly and make sure a medical record is created right away to document your injury. 

• As soon as you are able, contact an experienced truck accident lawyer to represent you. Building a case and securing compensation takes time, so be sure to seek representation before time runs out to file your case.

Injuries Caused by Drunk Truck Drivers 

People who are involved in truck accidents caused by drunk truck drivers could suffer such injuries as:

● Head, face, and neck trauma

● Traumatic brain injuries (TBI)

● Crushed vertebrae

● Paralysis

● Back injury

● Spinal cord injury (SCI)

● Amputations

● Broken bones, fractures, and lacerations

● Burns

● Disfigurement

CHOOSE A FIRM THAT CAN GIVE YOU THE REPRESENTATION YOU DESERVE

Choose an Experienced Houston Truck Accident Lawyer Today

The truck accident attorneys at The Law Offices of Hilda Sibrian have proudly served the Houston community since 2004. You can benefit from our many years of experience by contacting us to discuss your accident claim, especially if you believe that the driver was drunk at the time of the crash. 

Please call us at (713) 842-9492 or reach out online. We’ll be ready to sit down with you and discuss your case during a free consultation. 

TOC

© Copyright 2020 The Law Offices of Hilda Sibrian