Will I Get More Compensation If the Truck Driver Was Drunk?

Yes, if the truck driver who hit you was drunk or under the influence of drugs, it significantly increases the potential value of your case. Driving a commercial vehicle under the influence is both a federal offense and a violation of Texas law, and it demonstrates a level of recklessness that goes far beyond ordinary negligence.

Commercial truck drivers are held to a stricter BAC standard than regular drivers in Texas. While the legal limit for passenger vehicle drivers is 0.08%, commercial drivers are considered legally intoxicated at 0.04%, half the standard limit. FMCSA regulations also require pre-employment drug testing, random drug testing, and post-accident drug testing. If the trucking company failed to conduct these tests or ignored positive results, they share in the liability.

The most significant impact of a drunk truck driver on your case is the potential for punitive damages. Texas Civil Practice and Remedies Code Section 41.003 allows courts to award punitive (exemplary) damages when the defendant acted with actual malice, fraud, or gross negligence. Driving a commercial truck while intoxicated is the kind of egregious behavior that Texas juries punish with substantial punitive awards.

In addition to punitive damages, the standard compensatory damages in a drunk driving truck accident, medical expenses, lost wages, pain and suffering, emotional distress, are also typically higher because juries are more sympathetic to victims of drunk drivers. The trucking company's liability is also greater if they failed to screen, test, or supervise their driver properly.

Evidence in these cases includes police BAC test results, the driver's toxicology report, FMCSA drug testing records, and any prior DUI history. An experienced attorney will gather this evidence quickly to build the strongest possible case.