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You are sure to notice the many commercial trucks driving down US Hwy 19 or Interstate 275 at all hours of the day and night. Although most truck drivers are careful professionals, a few may engage in dangerous acts, sometimes out of boredom, and sometimes to calm their nerves. However, driving while drunk is illegal and may result in catastrophic accidents.
If you are injured in a drunk driving truck accident in Clearwater, you may struggle with medical bills, lost income, and the emotional toll of pain or lasting injuries. Our truck accident attorneys at Herman & Wells are prepared to help you seek comprehensive compensation for your losses.
Taking even a glug of spirits before driving a truck or car could have major repercussions for Pinellas County families, with the National Highway Traffic Safety Administration stating that one-third of the fatal accidents on America’s roads involve drunk drivers. Although most states—including Florida—set the legal blood alcohol content (BAC) limit at 0.08, federal law states that commercial truckers and anyone driving on a commercial driver’s license are considered drunk if their BAC test is 0.04.
The penalties for drunk truck drivers include:
As an injured party, you may be eligible to receive compensation for your losses, including your medical and rehabilitation bills, lost wages, pain and suffering, emotional harm from knowing you are disfigured, and the loss of enjoyment of life. Call Herman & Wells now to schedule a free consultation to review your case and determine how to proceed after a drunk driving truck crash in Clearwater.
Your attorney must prove that the truck driver who crashed into you was negligent. Drivers have a duty to operate their trucks like any reasonable person would to ensure the safety of others; falling below this standard is a breach of duty. If the truck driver’s actions cause a foreseeable accident, and you are injured because of it, negligence is established.
Additionally, the doctrine of negligence arises if the driver was ticketed for drunk driving, causing a truck accident with injuries. This drunk driving ticket is directly connected to your negligence claim in Clearwater, allowing your attorney to use it as evidence that the trucker breached their duty to you and caused an accident. This leaves only the extent of your injuries to prove.
Drunk driving also opens the door to the possibility of compensation via punitive damages, which is a form of deterrence and punishment for behavior that goes beyond negligence.
Under the US Code of Federal Regulations § 387.9, trucking companies that haul cargo must carry liability insurance. The minimums are between $750,000 and $5 million, depending on whether the cargo is transported outside of Florida and if it is hazardous.
In many cases, both the inebriated trucker and the trucking company could be held liable for your losses and punitive damages after a Clearwater drunk driving truck collision. The attorneys at Herman & Wells bring extensive experience to each case and a commitment to fighting for the maximum compensation available.
At Herman & Wells, we understand how you may feel after a trucker who has been drinking slams into you, causing potentially severe injuries. Drunk driving truck accidents in Clearwater are shocking and can shake your confidence.
If you do not know where to turn, call us today for a free consultation. We could restore your confidence, representing you with the focus, attention, and experience you deserve.
