When a commercial truck driver gets behind the wheel while impaired, the danger of an accident goes up dramatically. These accidents can cause very serious injury or even death of innocent victims on the road. Impairment can be caused by either alcohol or drugs, and when a driver chooses to use either of these and still drives, they are negligent and should be held responsible for any harm caused. With the help of an experienced lawyer, you can prove the truck driver was impaired and was the cause of your injuries so that you can obtain financial compensation.
If you or someone you care about was injured in a tractor-trailer accident or an accident with another type of commercial vehicle in Atlanta, Georgia or the surrounding areas, experienced personal injury attorney John D. Hadden is here to help. You deserve to have your rights protected.
Atlanta, Georgia Personal Injury Lawyer
John D. Hadden focuses his practice on representing accident victims to ensure they get the best representation possible. He handles personal injury cases all around the state of Georgia, protecting the rights of victims. He has many years of experience handling catastrophic personal injury and wrongful death claims. His trial experience is put to use for every client in order to ensure you receive the compensation you deserve.
Drunk Driving by Georgia Truck Drivers
Georgia law forbids truck drivers from being intoxicated by alcohol while driving. For most drivers, a blood alcohol concentration (BAC) of 0.08% is considered per se intoxication, meaning the driver is automatically found to be intoxicated if at or above this number on a BAC test. For commercial truck drivers, this number is reduced to a BAC of 0.04%. For many drivers, one drink may be enough to put a person over that legal limit and can create a presumption of intoxication.
Under Georgia law, a person can be found to be intoxicated by alcohol even when under 0.04% if they fail field sobriety tests, or demonstrate other indicators of intoxication. Some people are more sensitive than others to the effects of alcohol, and even a low BAC will lead to an influence on a person's ability to drive.
Drugged Driving by Georgia Truck Drivers
A commercial truck driver is also not allowed to drive while under the intoxicating effects of drugs. This broadly encompasses:
- illegal narcotics (i.e. heroin, cocaine, LSD, etc.)
- prescription medication taken illegally
- legally prescribed medication that causes intoxication
- over-the-counter medication
Whether the "drug" involved is illegal or legal is irrelevant. Ultimately, if a person is intoxicated because of a drug, they are not allowed to get behind the wheel. This means that even if a person was intoxicated because of an over-the-counter and perfectly legal medicine, it is still illegal to drive while impaired. It is also considered negligence for determining liability in a personal injury lawsuit.
An intoxicated driver is responsible for the injuries caused by his or her negligence. In addition to the driver, in most cases the employer of the driver will be responsible for the negligence of the driver as well, meaning you and your attorney can file the lawsuit and also name a large company, better ensuring you are appropriately compensated for your injuries.
Effect of Criminal Conviction
A personal injury case is a civil action for money damages and is not a criminal case. However, the criminal case related to the driver's DUI can have an effect on your civil case. If the driver pleads guilty to driving under the influence (DUI) of alcohol or drugs, you can use that plea as proof that the truck driver was intoxicated in your civil personal injury case. There is still more to prove in your case, but this takes a lot of the work off of the table.
Consult an Experienced Atlanta Trucking Accident Attorney
Truck accidents caused by impaired drivers can lead to catastrophic injury or death. When this is the case, you are entitled to financial compensation for your injuries. You need an experienced personal injury attorney to fight for your rights.
Contact experienced Atlanta, Georgia trucking accident attorney John D. Hadden at the Hadden Law Firm today for a consultation.