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Drunk and impaired driving poses a severe and avoidable threat on America’s highways. When a commercial truck weighing up to 80,000 pounds is operated by a driver under the influence of alcohol or drugs, the potential for catastrophic injuries and fatalities escalates dramatically. Victims of these accidents and their families deserve justice, and pursuing a wrongful death truck accident lawsuit or personal injury claim is a vital step toward accountability and compensation.
At the Willis Law Firm, our legal team is led by Board Certified Personal Injury Trial Lawyer, certified by the Texas Board of Legal Specialization since 1988, David P. Willis. With over 40 years of experience, Willis , licensed in Texas and New York, has represented victims across the nation, including trucking injury accident cases involving drunk, impaired & fatigued driving, along with 100’s of other accidents, injury at refineries, work places, truck rollovers, defective tires and other dangerous and recall products. Our law firm can handle nationwide truck accidents with the association of other out of state lawyers as co-counsel or local counse . Our firm operates on a contingency fee contract, meaning clients face no upfront costs and only pay if we secure a favorable outcome.
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Drunk driving is defined as operating a vehicle with a blood alcohol concentration (BAC) at or above the legal limit. For commercial truck drivers, the Federal Motor Carrier Safety Administration (FMCSA) enforces a stricter standard, setting the limit at 0.04% BAC—half the legal limit for non-commercial drivers. Impaired driving also includes the use of drugs, such as prescription medications, over-the-counter drugs, or illegal substances, which hinder a driver’s ability to safely operate a truck.
The consequences of impairment are severe. Slowed reaction times, impaired motor coordination, and poor decision-making lead to dangerous behaviors such as speeding, swerving, or ignoring traffic signals. When these behaviors result in commercial truck accidents, the aftermath is often devastating.
According to the National Highway Traffic Safety Administration (NHTSA), nearly 11,000 fatalities occurred in 2020 due to alcohol-impaired drivers. While specific statistics for truck drivers vary, studies reveal that substance use among commercial drivers remains a persistent issue. Despite FMCSA requirements for random drug and alcohol testing, gaps in enforcement allow some impaired drivers to continue operating on the road.
These failures result in accidents such as jackknife accidents, rollovers, and rear-end collisions, leaving victims with life-altering injuries like traumatic brain injuries, spinal cord damage, amputations, and, in the most tragic cases, fatalities. Pursuing a wrongful death truck accident lawsuit becomes essential for families seeking justice.
Liability in accidents involving drunk or impaired truck drivers often extends beyond the driver. Employers, manufacturers, and third parties may also share responsibility, depending on the circumstances of the crash. Identifying all liable parties is essential for securing full compensation.
Truck drivers found guilty of drunk or impaired driving accidents are directly liable for the damages caused. However, their employers may also bear responsibility for failing to enforce proper safety protocols, conduct background screening and run driving records and criminal records that might show past drunk driving and accidents.
Trucking companies are legally required to comply with FMCSA regulations, including pre-employment screenings, random drug testing, and regular monitoring of drivers. When employers prioritize profits over safety, they may overlook red flags such as prior DUI convictions or signs of substance abuse. This negligence directly endangers other road users.
Other entities, such as cargo loaders or truck manufacturers, may also be liable. For example, improperly loaded trailers can lead to jackknife accidents, while faulty brakes or tires can exacerbate the severity of a crash. Additionally, under dram shop laws, alcohol vendors who overserve truck drivers can be held accountable. Bars or alcohol vendors under dram shop laws, establishments that overserve alcohol to truck drivers may be held accountable for their actions.
Drunk and impaired drivers are more likely to engage in risky behaviors, contributing to severe accidents. Whether the truck driver was hauling logs for a logging company, transporting oilfield drill pipe or casing pipe, the results of 18-wheeler truck driver driving intoxicated are the same. Alcohol and Driving Don’t Mix. These types of DWI & DUI truck accidents include:
Impaired drivers often lose the ability to gauge speed or focus on their surroundings, leading to collisions at high speeds.
Poor judgment while braking or steering can cause the truck’s trailer to swing out, creating multi-vehicle crashes.
Impaired drivers may fail to navigate turns safely, resulting in deadly rollovers that can block entire highways.
Some impaired truck drivers pull over on highway shoulders without activating warning lights or reflectors, causing underride accidents when unsuspecting vehicles collide with the parked truck.
Each of these scenarios underscores the critical importance of holding negligent parties accountable through comprehensive investigations and skilled legal advocacy.
Truck drivers caught driving under the influence face severe legal penalties, including license suspension, substantial fines, and possible jail time. If their actions result in injuries or fatalities, additional criminal charges, such as vehicular manslaughter, may apply. However, these penalties do not address the financial and emotional losses experienced by victims and their families.
Civil lawsuits allow victims to seek compensation for medical expenses, lost wages, and pain and suffering. In the case of fatalities, families can file wrongful death truck accident lawsuits, claiming damages for funeral costs, loss of companionship, and the emotional trauma of losing a loved one.
Experienced attorneys like those at Willis Law Firm conduct thorough investigations to establish liability. Evidence such as driver logs, black box data, and FMCSA compliance records is crucial for building a strong case. Our team also collaborates with accident reconstruction specialists, medical experts, and economists to demonstrate the full extent of the damages.
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Filing a lawsuit against a drunk or impaired truck driver begins with a comprehensive investigation. This includes gathering evidence such as police reports, witness statements, and black box data, as well as consulting with experts to reconstruct the accident. Victims must also file their claim within the applicable statute of limitations, which varies by state.
Key steps in the process include:
This may include the driver, employer, and other third parties.
Driver logs, FMCSA compliance records, and vehicle maintenance reports are critical.
A detailed complaint outlining the claims and damages must be submitted to the court.
Gathering additional evidence and interviewing witnesses under oath.
Many cases settle out of court, but preparation for trial is essential.
If a settlement cannot be reached, our team will aggressively advocate for victims in court.
Our truck accident attorneys along with crashworthiness experts use advanced investigative techniques, including accident reconstruction and black box data analysis, to determine liability.
Drunk and impaired truck driver cases are complex and require the expertise of a seasoned attorney. Trucking companies and their insurers often deploy aggressive defense tactics to minimize liability. Without skilled representation, victims may face significant obstacles in obtaining fair compensation.
At the Willis Law, our 40+ years of experience handling large 18-wheelers, delivery trucks, pipe and logging trucks, passenger busses, and commercial truck accidents equips us to take on large trucking corporations and their legal teams. As a Board-Certified Personal Injury Trial Lawyer, David P. Willis has built a reputation for tenacious advocacy, ensuring that victims receive the justice they deserve.
Call us at 1-888-LAW-2040 or fill out our online form.
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