Navigating a Florida Accident Claim Against an Intoxicated Truck Driver
Updated: Oct 18, 2024
Commercial trucks are on almost every Florida road. The big rigs can even sneak onto residential streets, using neighborhood roads as shortcuts.
While trucks are a crucial part of the state and nation’s supply chain, these large vehicles can also be dangerous. Operating a commercial truck takes plenty of skill and drivers must always be aware of their surroundings.
When a truck driver is intoxicated, catastrophic collisions can occur. An estimated 1,619 alcohol violations in 2023 occurred involving truck drivers. If your vehicle accident is caused by someone operating a truck under the influence of drugs or alcohol, you may be eligible to receive compensation for your damages.
Florida Drunk Driving Laws
All states have strict laws in place prohibiting drivers from operating a motor vehicle while under the influence of drugs or alcohol. If you’re wondering if there are any exceptions to the law, the answer is a resounding no.
While drivers of passenger cars, trucks, and SUVs are legally allowed to operate a motor vehicle if their blood alcohol content (BAC) is below 0.08%, the law is a little different for commercial truck drivers. If you’re planning on getting behind the wheel of a big rig, your BAC can’t be higher than 0.04%. Yes, Florida cuts its BAC levels in half for all commercial vehicle operators.
You may be wondering how much you can drink before your BAC is above the legal limit. There isn’t a set answer; everyone’s body processes alcohol a little differently. With that being said, most experts agree that 2 glasses of wine or a couple of beers is enough to push your BAC close to or even over 0.08%. For commercial truck drivers, this essentially limits them to one beer or a single glass of wine. Even then, they may be pushing the law.
To be safe and stay below the legal BAC limits, it’s a good idea to refrain from enjoying an alcoholic beverage until the truck is parked for an extended time.
The penalties for driving a commercial vehicle under the influence of drugs and/or alcohol can range from hefty fines to imprisonment and the temporary suspension of your driving privileges. Commercial truck drivers may even permanently lose their CDLs (commercial truck driving licenses).
Who’s Liable in a Florida DUI Truck Accident Claim
Before you can claim a personal injury claim after a DUI truck accident, you need to determine liability. Yes, the intoxicated truck driver is probably the liable party, but there may be others responsible for the accident.
You may be able to name the bar or store that sold the truck driver alcohol. Even though these entities aren’t responsible for asking if a driver is planning on getting back into their vehicle, they do have an obligation to not over serve customers. If the truck driver is obviously intoxicated and is still allowed to purchase alcohol, you may be able to include the seller in your injury claim. This can also apply to bartenders and wait staff.
Sometimes, the trucking company is partially responsible for the accident. The same can be true if the truck is owned by someone other than the driver. Before allowing a third party to operate the truck, the owner must ensure the individual is qualified. This can include ensuring the driver isn’t drinking while they’re behind the wheel.
The accident may also be caused by a combination of factors like faulty equipment and the driver’s level of intoxication. If the truck malfunctions, the vehicle manufacturer and/or maintenance company may also be named as defendants in your accident claim.
Since determining liability can be complex, it’s usually a good idea to work with an experienced Florida accident attorney.
Proving an Intoxicated Truck Driver Accident Claim
Even though Florida is both a no-fault and modified comparative negligence state, you shouldn’t have any problems proving the truck driver was over the legal limit when the accident occurred.
If you’re not familiar with Florida’s insurance laws, here’s a quick summary. In a no-fault insurance state, everyone involved in a car accident turns to their insurance provider for compensation. This applies even if the accident is caused by a truck driver who enjoyed a few too many alcoholic beverages.
Your insurance will cover things like your medical expenses, property damage costs, and even lost income, up to around 80%. Yes, this can leave you with a significant amount of unpaid bills. To recover the rest of your damages, you file a claim with the truck driver’s insurance provider. This is also when the insurance company may bring up comparative negligence.
Comparative negligence allows for more than one individual to be responsible for causing the accident. You can still file a claim against the at-fault driver, as long as you’re not more than 50% responsible for the accident. Since the truck driver is intoxicated, this shouldn’t be an issue. However, you can still be assigned a small percentage of the blame. Your compensation amount will be reduced by your percentage of blame.
Thankfully, you shouldn’t run into any problems proving the truck driver was under the influence at the time of the accident. The responding authorities should administer a breathalyzer test to determine the truck driver’s BAC level. This information is available in your accident report.
The truck driver’s insurance provider will also receive a copy of the driver’s BAC report. This should be more than enough to prove you’re not liable for the accident.
Don’t Miss Any Filing Deadlines
All states have statutes of limitations in place on personal injury claims. This is the time you have to file a claim after the accident.
If you miss the statute of limitations, there’s a good chance you can’t receive compensation for your damages. In Florida, you have two years from the accident’s date to file a personal injury claim.
Let An Attorney Help Prove Your Intoxicated Truck Driver Accident Claim
Even when the commercial truck driver is obviously intoxicated, it doesn’t necessarily mean it’s going to be a breeze to recover compensation. You may run into issues with determining liability or comparative negligence.
Working with an experienced accident attorney can help ensure you know who to name in your injury claim and you receive fair compensation for your damages.