Aggressive Legal Advocacy When Intoxicated Truckers Cause Catastrophic Injuries
When a commercial truck driver causes an accident while intoxicated, victims face catastrophic injuries due to the massive size difference between trucks and passenger vehicles. Federal law holds commercial drivers to stricter standards than regular motorists, prohibiting operation with a blood alcohol concentration of 0.04% or higher. Trucking companies that fail to prevent drunk driving may face significant liability for resulting crashes. A Denver truck accident attorney can help you pursue full compensation, including punitive damages designed to punish egregious conduct.
Why Choose the Law Offices of Dianne Sawaya
Dianne Sawaya has fought for Colorado accident victims for over 30 years. As Colorado’s Biker Lawyer and a founding member of the National Association of Motorcycle Injury Lawyers, she understands catastrophic highway accidents. Her pre-medicine background helps her communicate complex medical issues effectively to insurance adjusters and juries.
When you hire our law firm, you can expect:
- Thorough accident investigation to gather evidence supporting your claim
- Aggressive pursuit of all parties liable for the accident, including the truck driver and trucking company
- We handle all aspects of your claim, including insurance settlement negoiations
- Resources to hire leading expert witnesses as necessary
- A seasoned trial lawyer to take your case to court if settlement is not in your best interest
The Law Offices of Dianne Sawaya has the resources to take on large trucking companies and their insurers. We advance all costs of investigation, including hiring accident reconstructionists, toxicology experts, and trucking industry consultants when needed. Our team has recovered millions for victims of commercial truck accidents throughout Colorado.
Federal Regulations Prohibiting Alcohol Use
The Federal Motor Carrier Safety Administration imposes strict alcohol restrictions on commercial vehicle operators. Drivers cannot operate a commercial motor vehicle with a BAC of 0.04% or higher, exactly half the 0.08% threshold for regular drivers. Additionally, drivers cannot consume alcohol within four hours of going on duty.
These regulations exist because impaired truck drivers pose exponential dangers. A fully loaded semi-truck can weigh 80,000 pounds, and any impairment dramatically increases stopping distances and reduces the driver’s ability to respond to changing road conditions. Violations of these federal standards create strong evidence of negligence.
Trucking Company Liability for Hiring and Monitoring
Trucking companies bear responsibility for preventing drunk driving through proper hiring practices and ongoing monitoring. Federal regulations require companies to conduct pre-employment drug testing. They may also conduct pre-employment alcohol testing under the rules. Companies must maintain random testing programs for current drivers.
When companies cut corners on screening or ignore warning signs of substance abuse, they become liable for resulting accidents. Evidence of prior DUI arrests, failed drug tests, or complaints about a driver’s behavior can establish that the company knew or should have known about the risk. Our truck accident attorneys investigate company practices to uncover negligent hiring and retention.
Employer Negligence in Failing to Prevent Impaired Driving
Beyond hiring, trucking companies must maintain reasonable supervision of their drivers. This includes responding appropriately when dispatchers notice signs of impairment, enforcing rest requirements that help prevent substance abuse, and taking action when other drivers or the public report concerning behavior.
Companies that pressure drivers to meet unrealistic deadlines may inadvertently encourage substance use as drivers seek ways to stay awake. Creating a culture that prioritizes delivery times over safety can make the company liable for resulting accidents. Our personal injury team understands how to prove corporate negligence.
Punitive Damages for Drunk Driving Accidents
Colorado allows punitive damages in cases involving willful and wanton conduct, and drunk driving by commercial operators often qualifies. Unlike compensatory damages that reimburse your losses, punitive damages punish the defendant and deter similar conduct in the future.
Punitive damages may apply to both the driver and the trucking company. Evidence that the company knew about alcohol problems but continued employing the driver, or that the driver had prior alcohol-related incidents, strengthens punitive damage claims. These additional damages can significantly increase your total recovery.
Proving Intoxication After a Crash
Law enforcement typically conducts blood alcohol testing after serious truck accidents. However, the testing process must follow proper procedures, and results can be challenged. Your attorney will review whether testing occurred within appropriate timeframes and whether chain of custody was maintained.
Additional evidence may include witness observations of the driver’s behavior, surveillance footage from truck stops or weigh stations, bar or liquor store receipts, and the driver’s electronic logging device records showing unusual patterns. Time-sensitive evidence requires immediate preservation efforts.
What to Expect When You Contact Our Firm
When you reach out to the Law Offices of Dianne Sawaya, you will speak directly with experienced legal professionals who understand commercial trucking cases. We offer free 24/7 consultations and can dispatch investigators to accident scenes immediately. Our team works on contingency, meaning you pay nothing unless we recover compensation for you.
We handle all aspects of your claim, from evidence preservation and investigation to negotiations with insurance companies and litigation if necessary. You focus on healing while we fight for the compensation you deserve.
Get the Compensation You Deserve
Drunk driving truck accidents cause devastating injuries that affect victims for life. You deserve an attorney who will fight for maximum compensation, including punitive damages when appropriate. Contact the Law Offices of Dianne Sawaya for a free 24/7 consultation. We work on contingency, so you pay nothing unless we recover compensation for you.
Frequently Asked Questions
Can I sue the trucking company if their driver was drunk?
Yes. Trucking companies can be held liable under vicarious liability for their employee’s actions. They may also face direct liability for negligent hiring, supervision, or retention if they knew or should have known about the driver’s alcohol problems.
What if the drunk truck driver was an independent contractor?
Even when drivers are classified as independent contractors, trucking companies may still be liable. Courts look at the actual level of control the company exercises over the driver, not just the contract terms. Companies that control routes, schedules, and safety practices often remain responsible.
How long do I have to file a claim?
There is a limited amount of time to file your claim in Colorado, so consulting an attorney promptly is essential. Early investigation helps preserve critical evidence like blood test results, driver logs, and company records that may be destroyed over time.