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January 16, 2024 by Greg Baumgartner
The implications of drunk driving or while under the influence of drugs are far-reaching when it happens in Texas. Especially when it involves Alcohol or Drug Use by Truckers, the charges can be either civil or criminal. Failure to suffer liability for criminal charges does not guarantee immunity against civil claims. Furthermore, an acquittal on any charges does not mean the driver will escape liability for other damages arising from the accident.
No driver shall use alcohol or be under the influence of alcohol within 4 hours before going on duty or operating. A commercial motor vehicle. 392.5 Alcohol prohibition.
After a major crash where alcohol is suspected, the major objective of investigations centers on proof of the driver’s intoxication and behavior. When alcohol or drug use by truckers is indicated, the officers should conduct tests and queries to build concrete evidence.
Also, under Section 382 of the Federal Motor Carrier Safety Regulations, Trucking companies must test their drivers as soon as possible after an injury or fatal accident.
With reasonable suspicion of alcohol or drug use by truckers, officers should:
The Texas Penal Code Section 49 defines an intoxicated person as one with an alcohol concentration of 0.08 percent or more in his body. Similarly, the drunk would be unable to perform normal mental and physical functions after taking alcohol, another drug, or both. In both definitions of intoxication, the driver faces arrest and charges for Driving While Intoxicated.
Motor Carriers must comply with the Federal Motor Carrier Safety Regulations, which address driver drug testing. Testing must include pre-employment drug screening, random drug testing, and post-accident testing.
Violations of the law by either the trucking company or the driver who caused a wreck are often only uncovered after a lawsuit has been filed, and the records have been obtained and examined. For your case, getting the best trucking accident attorney in Houston, TX, is necessary to maximize compensation.
Civil DWI cases are different from criminal cases. In a criminal drunk driving case, the State of Texas prefers to charge you. The state punishes you for the crime by either convicting you, sending you to prison, imposing a fine, or both. It depends on the strength of your defense and the severity of the offense.
A simple drunk driving criminal case without an accident injuring others can attract a jail term of up to 180 days and a fine of $2000. Other penalties for the driver include suspension or cancellation of the driving license. That penalty is for a first offense.
Repeat offenders face tougher punishments, including up to 10 years in prison and a fine of at least two years. They also need a special ignition switch to get back on the road. Things get worse if the intoxicated driving offense involves a victim younger than 15 years.
A civil case materializes when an individual pursues damages from a drunk driver. The state is not a party in such a case. Regarding the amount of capping on financial claims, the court does not limit how much a plaintiff may claim from the defendant in a typical civil case (Texas has a few exceptions where it limits damages, like cases against governmental entities).
Other than the law holding an intoxicated driver liable for injuries and damages resulting from the crash caused under inebriation, others not on the scene can also suffer consequences. Among these are the owners of alcohol-selling establishments that sell alcohol to a driver, which intoxicates him enough to cause dangerous driving. The law in Texas is known as Dram Shop Liability.
Although the application of the Dram Shop law varies across different states, in Texas, it deems it unacceptable for an owner of an alcohol-selling establishment to keep topping up the glass of an intoxicated patron once they are intoxicated.
However, the Dram Shop Law in Texas is a complex matter. You need an experienced personal injury lawyer to reap the potential to your advantage.
If you have been hurt in an accident and suspect the other driver is drunk, take steps to do so if you can do so safely.
Capture all the involved vehicles in their eventual resting positions.
Patterns of skid marks indicate the direction of the truck before the accident
If drug or alcohol use is suspected, the investigating officer will make that suspicion the center of the investigation. Field sobriety testing and blood or breath testing may be conducted to assess a driver’s condition.
The investigating officer collects data, may take photographs, and conducts further investigation. Other evidence that should be collected from the crash vehicle later is the black box or computer data of the vehicle’s mechanical operations.
Officers should also conduct on-site interrogations of witnesses. The officers only photograph, measure, and download event data information for severe injuries or fatal crashes.
We have seen many examples of defense attorneys showing up at the scene to talk with officers and gather information to help their defense. It is up to you to hire a truck accident lawyer to protect your interests.
If speed or braking is a suspected issue in a wreck, the event data recorder for a large truck should be downloaded.
If the condition of a semi-truck is suspected of being a cause of the crash, a skilled trucking accident attorney should conduct a detailed investigation. Such an investigation would include inspecting the truck and reviewing relevant documents.
Some unscrupulous trucking companies hire defense attorneys to shift the blame for the crash to other innocent parties. Some attorneys further seek out accident reconstruction experts who may manipulate the evidence at the crash site in their favor.
Your personal injury lawyer will also advise preserving your vehicle and documenting your medical care after a serious injury truck crash. Keep evidence to defend your case and claims. Many crashes occur because some trucking companies fail to adhere to safety regulations.
Our trucking accident attorneys have been helping victims injured in accidents involving semi-trucks or tractor-trailers for over three decades. Get our extensive experience to work for your injury accident. Contact us online or call (281) 587-1111.
6711 Cypress Creek Pkwy, Houston, TX, 77069
(281) 587-1111
Related Resources:
What is the legal alcohol limit in Texas?
Since establishing Baumgartner Law Firm in 1985, Greg Baumgartner has built a reputation as one of Houston’s leading personal injury attorneys, dedicated to representing severely injured victims and families who have lost loved ones due to negligence.
Greg holds two law degrees, a distinction earned by less than 1% of all attorneys, demonstrating his exceptional legal expertise. He is also a prestigious Trial Lawyers College graduate, further enhancing his skills in trial advocacy and litigation.
His relentless commitment to legal excellence and client advocacy has earned him recognition from prestigious organizations, including Super Lawyers, the Top 100 Trial Lawyers, and many others.
With decades of experience, Greg has consistently received top peer reviews. He holds a preeminent rating, a testament to his unwavering dedication to securing justice and maximum compensation for his clients.
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