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Nobody should ever be drunk behind the wheel, but it is even more critical for a truck driver to be sober and alert. Commercial trucks are dangerous vehicles, and drivers must have special training to operate them.
Drunk driving truck accidents in Pinellas Park happen often and can cause death and devastating injuries. Contact the personal injury attorneys at Herman & Wells right away if you were hurt or your loved one was killed in an accident caused by a drunk trucker. We will work diligently to get you the compensation you deserve.
Florida uses a no-fault system for vehicle accidents. Every driver must buy personal injury protection (PIP) coverage, which pays medical expenses and lost wages for the driver and anyone else in their vehicle.
When someone gets hurt in a wreck, each driver and their passengers make claims against the driver’s PIP coverage, regardless of fault. When passengers have their own PIP coverage, they can make a claim with their own insurance company.
Some states exempt truck accidents from no-fault rules, but Florida does not. If you are confused about how to make a PIP claim after a truck accident involving a drunk driver in Pinellas County, our attorneys can help. They can also investigate whether you have legal grounds to file an injury case against the trucking company.
The coverage limits for PIP start at $10,000 and go up, but they are relatively low. If you suffer serious injuries or if more than one person is making claims against your PIP, the coverage may not be sufficient to cover your expenses.
Florida Statutes § 627.737 allows you to file a claim against the at-fault driver when you have serious injuries. The law defines a serious injury as one that causes:
At Herman & Wells, our Pinellas Park attorneys can use medical records and testimony from medical experts to establish that your injuries qualify you to bring a lawsuit against the drunk truck driver who caused the crash.
The truck driver may be responsible for compensation if they are an independent contractor. If they are employed, the trucking company they work for is responsible. Even when the driver is an independent contractor, our legal team can claim that the trucking company did not properly screen the driver before hiring them.
Whenever you sue an at-fault driver for injuries you received in a vehicle accident, you must prove they were negligent. A driver is negligent when they do not use reasonable caution to avoid causing harm to others. However, truck drivers have a higher standard of accountability—they are negligent when they do not use the utmost care to avoid getting into an accident.
In addition, truckers and others with commercial license holders must obey stricter drunk driving laws. Florida Statutes § 322.62 sets the allowable blood alcohol concentration (BAC) at .04, rather than the .08 BAC that applies to other drivers.
If a trucker’s BAC exceeded .04 when they caused the crash that injured you, they are negligent. The Pinellas County attorneys at Herman & Wells can force the intoxicated trucker, the company that employed them, and others to compensate you for your injuries. In addition to money for the medical expenses and lost wages PIP did not cover, you can get compensation for your physical pain, emotional suffering, disability, and diminished quality of life.
A drunk truck driver can cause injuries that leave you permanently disabled or suffering from ongoing symptoms. You can hold them and their employer accountable for their irresponsible conduct by seeking financial compensation in a lawsuit.
The experienced attorneys at Herman & Wells represent people injured in drunk driving truck accidents in Pinellas County. Contact us immediately after the crash for help with your injury case.
