Holding Liable Parties Accountable in an Illinois DUI Truck Accident

 Posted on August 25, 2020 in Personal Injury

Alcohol is a factor in over 25 percent of fatal car crashes in Illinois each year, and when the responsible party is the driver of a semi-truck, the resulting accidents can be especially devastating. Because of the vehicles’ large size and weight, truck accidents can cause severe injuries and fatalities, and they often impact several other drivers and passengers. If you are injured by an intoxicated truck driver, you will likely need compensation to cover your costly medical expenses, and it is important to know who all was at fault for the accident so that you can hold all parties accountable.

Who Is Negligent in a Truck Accident Involving Alcohol?

It may seem straightforward to determine who was at fault for a drunk driving accident, but in the case of a semi-truck accident, there could be more than one negligent party. If you are able to identify all of them, you often stand a better chance of receiving greater compensation. Potentially responsible parties include:

• The truck driver: Usually the most clearly negligent party, the driver may be found at fault if he or she was operating the vehicle with a blood alcohol concentration (BAC) above the 0.04 percent limit for commercial drivers, or otherwise operating the vehicle in a way that indicated impairment and caused the accident.

• The trucking company: The Federal Motor Carrier Safety Administration (FMCSA) requires trucking companies to screen drivers for alcohol and other drugs before hiring them, at random intervals throughout their employment, and in certain other special circumstances. A company that fails to administer regular drug tests or that knowingly allows a driver with a history of drunk driving to continue operating the vehicle could share in the liability for any accidents a drunk driver causes.

• A business serving alcohol to the driver: According to the Illinois Dram Shop Act, a person or establishment that sells or serves alcohol to an intoxicated truck driver may also be partially at fault if the driver’s intoxication leads to an accident.

In order to pursue compensation from all liable parties, you often need a personal injury attorney who can help you collect evidence in the form of police reports, BAC test results, trucking company records including drug test results, and testimony from people with knowledge of the driver’s actions leading up to the accident.

Contact a Naperville Truck Accident Attorney Today

If you have been injured in an accident involving a drunk truck driver, the attorneys at Mevorah & Giglio Law Offices can help to remove some of the uncertainty and guesswork by thoroughly investigating the circumstances of the accident. We are committed to helping you receive fair compensation for your injuries, either through a trial or a settlement agreement. Contact a DuPage County personal injury lawyer today at 630-932-9100 to schedule a free consultation.