In Florida, most drivers are considered to be illegally driving under the influence if their blood alcohol concentration (BAC) is 0.08 percent or higher. However, for people with commercial driver’s licenses operating commercial vehicles, the limit is only 0.04 percent or higher—for good reason, given how uniquely devastating a collision between a tractor-trailer and a smaller commuter can be.
Despite these restrictions, drunk driving truck accidents in Pensacola occur more often than you would think. If you were hurt in a drunk driving tractor-trailer wreck, you likely have grounds to file suit against the truck driver who injured you, their employer, and potentially other liable parties. The experienced truck accident attorneys at Emmanuel Sheppard & Condon can help you navigate this legal process.
Ideally, a trucker who causes a wreck by driving while over the legal BAC limit or impaired by alcohol or drugs will receive a DUI citation from the police officers who respond to the crash scene. If the officer includes this citation in their accident report, it can be used as compelling evidence to prove that the drunk truck driver was primarily responsible for causing any injuries and losses.
If a drunk trucker does not get cited for DUI, though, it will fall to the injured “plaintiff” to prove that they were intoxicated behind the wheel and, therefore, should be liable for damages. A seasoned impaired driving truck accident attorney in Pensacola can assist with finding, preserving, and effectively using evidence like witness testimony, surveillance/dashboard camera footage, and even receipts from bars or liquor stores.
Drunk driving is a textbook example of violating the “duty of care” that all drivers have to act responsibly and lawfully behind the wheel. Therefore, anyone who causes a truck wreck in Pensacola by driving drunk is considered “negligent” under Florida civil law. However, just because another party is primarily at fault for a traffic collision does not mean the injured plaintiff cannot be found partially at fault.
Under Florida state law, individuals found to bear a percentage of “comparative fault” for causing their injuries due to negligent behavior will have their final damage award reduced in proportion to their share of total fault for their crash, even if someone else bears primary responsibility. A skilled drunk driving semi-truck wreck lawyer can assist in navigating this and other legal and procedural roadblocks.
Driving drunk is one of the most irresponsible things anyone can do if operating a motor vehicle, especially if that vehicle is large and weighs tens of thousands of pounds. Unfortunately, knowing that someone else is responsible for a drunk driving truck accident in Pensacola is not the same as holding them civilly liable in court.
Working with a dependable lawyer from Emmanuel Sheppard & Condon can be key to protecting your rights and best interests after getting hurt by a trucker’s misconduct. Call today to learn more.