Get A Free Consultation
(832) 449-8230
The dangers of drunk driving are well known—alcohol intoxication reduces reaction time, impairs judgment, decreases coordination, and increases fatigue. The danger is compounded when the impaired driver is operating a massive commercial truck. But despite the grave risks and well-known catastrophes, drunk driving truck accidents in Texas City continue to occur. If you were injured by a drunk truck driver, you might be dealing with both the pain of your physical recovery and anger at the driver’s recklessness. Seeking a legal recovery may feel overwhelming, but an attorney from our firm could provide a clear perspective, giving you a better understanding of your claim. While a monetary settlement cannot fix everything, it can ease the road forward as you tend to your recovery.
Driving while intoxicated is a crime in the state of Texas. Texas law provides that a driver is considered intoxicated when they have a blood alcohol content (BAC) of 0.08 or higher. Regulations go further with respect to commercial truck drivers, prohibiting anyone with a commercial license from driving with a BAC of 0.04 or higher.
These laws are important for those injured in Texas City by drunk truck drivers because Texas follows the doctrine of negligence per se, which provides a presumption of negligence when the defendant violates certain statutes or regulations. Normally, an injured person must prove the other driver breached a standard of care, thereby causing the injury. But, if at the time of the accident, the defendant was in violation of a statute or regulation designed to protect against the type of injury that occurred, a breach of the standard of care is presumed. The injured person can then move on to proving causation and damages. This is true even if the defendant was not convicted of the crime—the injured person need only prove the defendant was more likely than not in violation of the statute or regulation.
When a drunk truck driver causes an accident in Texas City, the driver is personally liable for the injuries caused. But others might also be held liable, thereby increasing the possibility of a full recovery.
Texas follows the doctrine of respondent superior (also known as vicarious liability), which holds employers liable for their employees’ negligent acts when they occur within the course and scope of their employment. So, a trucking company may be held vicariously liable for their employee driver’s negligence. This is important because the trucking company will almost always have greater assets and higher insurance limits than the individual driver. However, several important caveats exist. Sometimes trucking companies designate their drivers as independent contractors rather than employees, which may allow them to escape vicarious liability—though they may still be found liable under other theories, like negligent entrustment. Also, vicarious liability only extends to actions taken in the course and scope of employment, and leisure activities (like driving to and from a bar) might not qualify. Finally, Texas law imposes specific procedures and limitations when seeking vicarious liability against a trucking company. These laws can complicate the process, highlighting the importance of working with knowledgeable counsel.
When an alcohol-serving establishment continues to serve drinks to a visibly intoxicated individual, the bartender can be found liable (and the bar owner can be found vicariously liable) under Texas’ dram shop laws. So, if a truck driver became intoxicated at a Texas City bar and then caused an accident, the bar may be held liable for the resulting damages—so long as the plaintiff can establish that the truck driver was served alcohol after showing signs of intoxication.
Someone injured in a drunk driving truck collision in Texas City should receive compensatory damages—that is, damages that compensate for the losses they suffered. This often includes compensation for past and future medical bills, lost wages, pain and suffering, and a lost enjoyment of life.
Another type of damages, known as exemplary or punitive damages, might also be available. This type of damages is not intended to compensate for loss, but rather to punish or “make an example” of the wrongdoer. They are only available in limited circumstances, such as gross negligence, which must be proven by clear and convincing evidence.
Nothing could be more dangerous than a massive truck careening down the highway with a drunk driver behind the wheel. And yet, this scenario plays out every day. While we cannot prevent all drunk driving truck accidents in Texas City, we work hard to improve outcomes for those affected by them. If you have been injured by a drunk truck driver, you deserve a fierce advocate who will put your needs first and get you the compensation you need and deserve. Call us today for an initial consultation.
Lone Star Injury Attorneys, PLLC
N/a
