How Can I Prove the Truck Driver Who Hit Me Was Intoxicated?

Driving while under the influence is an unfortunately common occurrence in Louisiana. In 2022, there were 11,256 DWIs recorded in the state, with 6,835 of those having drivers with a blood alcohol level (BAC) over the .08 legal threshold.

The consequences of drunk and drugged driving can be dire, but when an intoxicated driver is operating a semi-truck, it can result in life-altering injuries or fatalities for those in a passenger vehicle.

If you were harmed in an accident with an intoxicated truck driver, you may be able to file a claim to cover your injuries if you can prove their drunk driving caused the crash. Our Louisiana truck accident lawyers at Dudley DeBosier can help you understand your legal options after a collision with an intoxicated truck driver and gather evidence to prove your claim.

Evidence You Can Use to Prove Intoxicated Driving

In Louisiana, intoxicated driving can refer to driving under the influence of alcohol, illegal drugs, or substances like prescription medications that alter a person’s ability to operate a vehicle. You and your attorney can prove a truck driver was intoxicated when the accident occurred with evidence such as witness testimony, credit card records, and testing done by police at the crash scene.

• Witness testimony: Your attorney will interview witnesses who were present at the scene or interacted with the driver before the incident. For example, other drivers on the road, pedestrians, liquor store or gas station workers, or restaurant or bar patrons.

These accounts can offer a firsthand perspective on the driver’s behavior, physical condition, and any signs of impairment they may have exhibited. This can include erratic driving, like swerving or speeding, or slurring their speech.

• Credit card records: As part of the investigation, we can subpoena credit card records to trace the driver’s transactions leading up to the incident. If receipts show that the driver made purchases at bars or establishments known for serving alcohol, it can establish a link between the driver and potential alcohol consumption.
• Drug test results: If there are suspicions of drug involvement, our attorneys can request drug test results from the police. Drug tests can detect the presence of various substances in the driver’s system, such as marijuana, methamphetamines, or prescription medications, and provide insight into any impairment caused by drugs.

• Breathalyzer readings: Our lawyers can obtain a police report of your accident to review objective information about the crash. This can include the time, date, weather, or breathalyzer test conducted on the truck driver.

A breathalyzer measures the truck driver’s BAC level at the accident scene.  Commercial truck drivers have a lower BAC restriction than non-CDL-licensed drivers, at only .04%. A breathalyzer test showing a higher BAC can prove the driver was intoxicated and support your claim.

• Black box data: Your attorney can collaborate with accident reconstruction experts to analyze the truck’s black box data. This information can reveal details about the driver’s actions leading up to the incident, including speed, braking patterns, and erratic driving behavior.

Black box data can provide objective evidence to help show the truck driver was impaired and connect their actions to the accident and your injuries.

The Importance of an Experienced Truck Accident Lawyer

If you’re hurt in a truck accident with an intoxicated driver, hiring an attorney protects your interests and ensures corporate trucking companies or their insurers don’t violate your rights.

Because they are typically liable for their drivers’ actions, trucking company insurers often use aggressive tactics to pressure victims to settle for less than they deserve. This can include offering a lowball settlement, stalling the insurance claims process, or even acting in bad faith by obscuring evidence.

Our attorneys at Dudley DeBosier know how to handle these trucking companies and insurance agents. We will use our legal expertise to investigate your case, gather evidence, and negotiate on your behalf for fair compensation for your injuries caused by a drunk truck driver.

Consult with a Skilled Truck Accident Attorney Today

Whether you or a loved one is harmed in a truck crash involving an intoxicated driver, you need a qualified attorney by your side. Our truck accident lawyers proudly advocate for innocent victims to ensure they are treated fairly when seeking compensation.

Trucking companies have the resources to fight hard and deny your claim. We can help you fight back even harder. Call today to arrange your free consultation.  

This content has been reviewed by Chad Lederman, Director of Legal Operations at our New Orleans office.

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