Driving a semi-truck is a lot harder than driving a passenger vehicle. They’re about 6 times longer and 20 times heavier, with huge blind spots that obscure the driver’s view of the road. Commercial trucks also require a greater stopping distance, struggle to make wide turns, and are more difficult to maneuver overall. A driver needs to be both mentally and physically sharp to negotiate all these challenges effectively and operate their vehicle safely. When they dull these abilities with alcohol, they put everyone around them at risk.
Have you or a loved one been injured in a crash caused by a drunk truck driver in Portland? If so, Rizk Law is here to help you on the road to recovery. Let’s discuss your options for pursuing fair compensation for what happened to you. Contact us today for a free consultation with a Portland drunk driving truck accident lawyer to get started.
Understanding the Dangers of Drunk Truck Drivers
Drunk truck drivers are even more dangerous than other types of drunk drivers due to the vehicles they operate. Here are a few facts that illustrate this point.
Impaired Commercial Driver Statistics
According to the Oregon Department of Transportation (ODOT), drinking and driving contributed to over 70 large truck accidents across the state in a recent year. It was the ninth most common contributing factor in truck wrecks. Of those drunk driving collisions, 10 led to fatalities and 45 caused injuries.
Legal BAC Limits for CDL Holders
The legal blood alcohol concentration (BAC) for most drivers in the state is 0.08 percent. However, the limit is lower for commercial driver’s license (CDL) holders behind the wheel of a commercial vehicle. The BAC limit for commercial truck drivers is only 0.04 percent. This distinction can be crucial for your case, as the lower permissible alcohol level also means a lower bar for establishing the driver’s liability.
Why Truck-Related DUI Crashes Are Often Severe
Commercial truck DUI crashes in Portland are often severe due to the size and weight of these vehicles. If a drunk truck driver crosses the center line and collides with another vehicle head-on, the victims will likely suffer permanently disabling or fatal injuries. Even a relatively low-speed collision, such as one caused by a drunk trucker rolling through an intersection, can be devastating for victims.
Some of the most severe and common truck accident injuries resulting from drunk driving are:
- Traumatic brain injuries
- Spinal cord injuries
- Internal organ damage
- Fractured bones
- Soft tissue injuries
- Emotional distress
Who Can Be Held Liable After a Drunk Truck Crash?
Depending on the circumstances of the case, several different parties could be partly or fully liable for your injuries after a drunk trucking accident. While the truck driver is the most obviously at-fault party, the trucking company and other third parties could also be responsible.
Truck Driver Liability
Truck drivers are responsible for their own actions – including their choice to get behind the wheel of their vehicle while intoxicated. Due to the nature of DUI crashes, the drunk driver will likely be at fault to some extent. However, your case still rests on proving the truck driver was intoxicated. The more evidence you have pointing to their intoxication, the better.
Trucking Company Liability
In some cases, the trucking company the driver works for may also be at fault. For example, a trucking company can share fault for a wreck if it negligently hired a truck driver with a history of DUI offenses or failed to properly supervise the driver by having them undergo regular alcohol testing. While many truck drivers are independent contractors, a trucking company could also be liable for the actions of a truck driver who’s a direct employee through the legal concept of vicarious liability.
Third-Party Liability
Other parties may also share fault for the crash, depending on the circumstances. For example, the establishment that served alcohol to the driver could share liability under Oregon’s dram shop law. This law allows victims to hold establishments liable for injuries caused by patrons who were served alcohol while visibly intoxicated.
What to Do If You Were Hit by a Drunk Truck Driver in Portland
If a drunk truck driver hits you in Portland, it’s essential to know the steps to take over the following days and weeks. Some of the most important steps include:
- Get medical care. Seek treatment if you haven’t already. Attend all follow-up appointments and continue your treatment per your doctor’s plan.
- Track your medical bills. Keep all medical and other service bills you receive related to the crash. Your lawyer will use them when calculating the value of your truck accident claim.
- Record the incident. Write down everything you remember about the collision, including the date and time, where it occurred, and how it happened.
- Be careful when speaking with insurers. Trucking and insurance companies want to pay out as little as possible by devaluing or denying claims. If either contacts you for a recorded statement, they may try to get you to say something they can use against you.
You should also talk to an experienced attorney as soon as possible. The best way to protect your rights after a large truck wreck involving an intoxicated trucker is to have skilled legal representation.
What Compensation Can Victims Recover?
Injured victims of Portland drunk driving truck accidents can pursue financial compensation for their losses, including:
- Past and future medical expenses
- Long-term care and rehabilitation costs
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Lost quality of life
In some cases, DUI semi-truck accident victims can also recover punitive damages. These rare damages don’t compensate a victim for their losses. Instead, they punish at-fault parties for malicious or extremely reckless conduct, which can include impaired driving.
A Portland truck accident attorney with experience handling drunk driving cases can determine the full amount of your losses and identify all liable parties to ensure you pursue maximum compensation.
Why You Need a Portland Drunk Driving Truck Accident Lawyer
It’s in your best interest to have a Portland truck accident lawyer on your side. The truck driver and trucking company will have lawyers, so you’ll be at an immediate disadvantage in settlement negotiations if you don’t have one of your own.
Commercial truck accident cases are highly complex, often involving multiple victims and at-fault parties. Without the assistance of a DUI truck accident attorney in Portland, it can be challenging to get the evidence you need to prove your case. One of the most important jobs an attorney has is to investigate the collision and gather all the proof needed to hold the at-fault parties liable for the drunk driving truck crash. An attorney can support your case by gathering critical evidence of the driver’s impairment, such as:
- Field sobriety and chemical test results indicating the driver’s intoxication levels
- Traffic, security, or dashboard camera footage of the wreck, the events leading up to it, and what happened after
- Accident scene photos depicting the damaged vehicles, road conditions, skid marks, and relevant traffic signs and signals
- Eyewitness statements that back up your claims or provide additional details, such as if they saw the driver leave a bar and get behind the wheel
- Expert testimony, including from medical professionals and crash reconstruction specialists
- Data from the truck’s black box, including the speed the truck was traveling leading up to the collision
When choosing an attorney to handle your drunk truck driver injury claim, you should look for one local to the area who is familiar with Oregon’s laws. While a large national firm may sound nice, it may not have the local experience required to maximize your compensation.
You also want an attorney who isn’t afraid to go up against powerful trucking companies and their defense teams. Look for someone with a track record of taking and winning these cases, especially in the face of tough odds.
Contact Our Portland Drunk Driving Truck Accident Attorneys Today
After suffering injuries in a Portland commercial truck DUI crash, your life has likely changed drastically. You shouldn’t have to suffer the financial consequences as well. That’s why Rizk Law is here to help.
Our team has successfully recovered millions of dollars for injury victims through negotiated settlements and trial awards, including $1.25 million for a pedestrian struck by a commercial vehicle and $625,000 for a postal worker hit by a drunk driver. We’ve also gained a reputation for going above and beyond for our clients, as you can see from our positive reviews like this one:
“Just received my settlement, and I am very pleased with Rizk Law. Jacqueline worked on my case, and she was amazing. Kind and very knowledgeable! Thank you, Rizk Law team.” – Sarah
If you were hit by an intoxicated driver in Portland, contact Rizk Law for a free consultation. A Portland drunk driving truck accident lawyer will review your case, explain your options for seeking compensation, and help you get the medical attention you need.