Jackson, TN Truck Accidents Involving Alcohol and Drug Use

In Madison County, you could be driving on Interstate 40, for example, next to a tanker truck. The truck driver next to you could be suffering from a severe back pain. To alleviate his pain, he had taken some medicine earlier, including a painkiller that he did not have a prescription for. Little did the truck driver know that he took medicine that has a tendency to make people drowsy. Half nods turn to full nods, and the drowsy truck driver ends up swerving into the side of your vehicle and running you off the interstate. As a result, you sustain significant injuries.

The truck driver in the previous example would likely be held liable for the accident, but in order to recover economic and non-economic damages from the truck driver, you will likely have to prove that he breached a duty of reasonable care that he owed you, which caused you to sustain injuries. Since the State of Tennessee uses the doctrine of modified comparative negligence, your recovery could be reduced by the percentage of blame attributed to you if the defendant accuses you of comparative fault and a jury agrees with the accusation.

To defend against allegations of comparative fault, you should hire a skilled lawyer with an extensive history of successful trucking collision litigation. A knowledgeable attorney can also help you establish the liability of the trucking company in addition to the truck driver. For example, the truck driver’s employer may be held vicariously liable for the conduct of their employee if the employee’s negligence can be proven to have occurred within the course and scope of their employment. On the other hand, direct liability can be established if the trucking company committed negligent hiring, negligent training, or negligent supervision.

Federal Motor Carrier Safety Administration (FMCSA) rules state that interstate truck drivers who operate a vehicle with a blood alcohol concentration (BAC) level of 0.04% or higher can be subject to sanctions and discipline. This requirement is more stringent than Tennessee’s intoxication level of 0.08%. An experienced truck accident lawyer in Jackson can investigate your case to ensure all damages to which you could be entitled are being pursued. For instance, if the defendant truck driver was convicted of DUI or DWI, it will be important to monitor the criminal proceedings. Further, obtaining the toxicology report in a timely manner can be critical in establishing the defendant’s level of intoxication. While liability may seem clear-cut to you simply based on how the wreck occurred, gathering this evidence is critical, as it can later substantiate a claim for punitive damages in your civil case.