Like all other motorists, truck drivers carry a legal obligation to drive safely and regard the rules of the road. As a result, any trucker who disregards these obligations by, for example, drinking and driving, might be held legally liable if they cause a crash.
A lawyer familiar with the legal process following Michigan drunk driving truck accidents might be able to help if you were injured in a crash with an intoxicated truck driver. By gathering evidence and working tirelessly to demonstrate fault, a skilled attorney could help to alleviate the stress of filing a claim and allow you to focus on your recovery.
Drunk Driving Laws for Commercial Truckers
According to Michigan Compiled Law §257.625m, it is illegal for any person to operate a commercial motor vehicle on a public road while intoxicated. Furthermore, this statute provides a strict, scientific definition for when a trucker is intoxicated. Essentially, it provides a lowered level of blood/alcohol content than that which applies to private vehicle operators. Under this law, it is illegal for any driver of a commercial vehicle to have a blood/alcohol content of .04 or more.
For a civil case on the basis of a truck accident injury, establishing that a defendant was intoxicated would be clear grounds to proving their fault. A Michigan drunk driving accident attorney could help a plaintiff to investigate the facts behind their crash to determine if the truck driver was intoxicated at the time of the collision. If the driver was drunk this is clear evidence of negligence.
Additionally, it may be possible to pursue a claim against the establishment that served alcohol to the driver prior to the crash. This is known as a Dram Shop claim and can provide additional compensation to everyone injured in the accident.
Intersections Between Criminal Cases and Civil Claims for Damages
Any criminal charge that may result from a commercial truck driver being under the influence might have an impact on a person’s civil case for damages. Even though the criminal courts and civil courts operate independently of each other, the outcome of a criminal case could serve as additional evidence in a civil case.
If the criminal court found that the defendant was inebriated, the civil court will not relitigate this issue, which is often persuasive for establishing their fault in a collision. Even if a criminal court does not convict a defendant, however, this does not guarantee that a civil case will fail. Because the burden of proof rests on the injured claimant, it is often essential to have an experienced lawyer on their side to help prove that a truck driver was drunk while driving in Michigan.
Legal Help After a Michigan Drunk Driving Truck Accident
Collisions between commercial trucks and passenger cars could result in severe and life-threatening injuries. As a result, an injured motorist might suffer from physical trauma, emotional anguish, and substantial financial strain due to medical bills and missed work.
However, if it can be proven that a trucker was intoxicated at the time of the crash, an injured motorist might be able to recover numerous economic and non-economic damages by filing a civil claim.
If you were injured in a Michigan drunk driving truck accident, consider reaching out to a compassionate lawyer for help. A skillful attorney could work tirelessly to assess your circumstances and gather evidence to file a persuasive claim for the compensation you deserve. To begin working on your claim, call a legal professional at Buckfire & Buckfire, P.C. today.
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