On this page
- What Evidence Can Show Alcohol Was Involved?
- What If the Driver Was Arrested for DWI?
- What If the Driver Refused Testing?
- Could the Trucking Company Be Responsible?
- What If the Driver Had a Previous Alcohol-Related Problem?
- What Electronic Evidence Should Be Preserved?
- Could Alcohol Explain Delayed Braking or Lane Departure?
- What Injuries Can Result?
- What Damages Could Be Involved?
- What If Someone Was Killed?
- What Insurance May Apply?
- What Should I Do?
- Jacqueline Scott & Associates Investigates Alcohol-Related Truck Wrecks
If evidence suggests the driver had been drinking before hitting you, the investigation should move quickly to preserve testing information, witness statements, video, receipts where relevant, electronic trucking data, and company records.
The investigation should also determine whether the trucking company knew of prior safety concerns involving the driver.
What Evidence Can Show Alcohol Was Involved?
Potential evidence may include:
- breath testing;
- blood testing;
- law-enforcement observations;
- witness statements;
- body-camera footage;
- dashcam video;
- receipts;
- surveillance; and
- the driver’s statements.
What If the Driver Was Arrested for DWI?
A DWI investigation can provide important evidence.
However, the civil case should still independently establish how the collision happened and the damages it caused.
What If the Driver Refused Testing?
The circumstances of any refusal and its legal significance should be evaluated under applicable law.
Other evidence may still exist.
Could the Trucking Company Be Responsible?
Potentially.
Investigators may examine:
- driver qualification;
- prior incidents;
- company knowledge;
- applicable testing records;
- safety policies; and
- supervision.
What If the Driver Had a Previous Alcohol-Related Problem?
Prior history may become relevant to what the company knew and how it responded, depending on the facts and applicable evidentiary rules.
What Electronic Evidence Should Be Preserved?
Potential evidence includes:
- dashcams;
- GPS;
- telematics;
- electronic truck information;
- ELD records;
- dispatch communications; and
- driver-facing video.
Could Alcohol Explain Delayed Braking or Lane Departure?
Potentially.
The driver’s actual conduct should be reconstructed using objective evidence.
What Injuries Can Result?
Alcohol-related truck wrecks may involve severe rear-end, head-on, intersection, rollover, and multi-vehicle crashes.
Potential injuries include brain injury, spinal cord damage, fractures, internal injuries, paralysis, amputations, and death.
What Damages Could Be Involved?
A catastrophic injury may create:
- extensive medical bills;
- future medical expenses;
- lost wages;
- diminished earning ability;
- permanent disability;
- rehabilitation needs; and
- other legally recoverable damages.
Louisiana law can create additional issues in certain alcohol-related injury cases, so the facts and current law should be evaluated carefully.
What If Someone Was Killed?
A fatal 18-wheeler collision can raise wrongful-death and survival-action issues for qualifying persons under Louisiana law.
The appropriate claims depend on the family relationship and circumstances.
What Insurance May Apply?
Commercial liability insurance and potentially other coverage may be relevant.
Actual policy limits and coverage should be verified.
What Should I Do?
Seek medical treatment.
Preserve police information.
Identify witnesses.
Save photographs and video.
Keep medical and employment records.
Avoid discussing the accident publicly in ways that could complicate the investigation.
Jacqueline Scott & Associates Investigates Alcohol-Related Truck Wrecks
If an 18-wheeler driver had been drinking before causing your accident, the investigation should examine more than the crash report.
What did testing show?
What did witnesses observe?
How was the truck being driven?
What did the trucking company know?
What electronic evidence exists?
Jacqueline Scott & Associates can investigate those questions after a serious Louisiana 18-wheeler wreck.
Make ’Em Pay.
Call (318) 746-5997.
Every case is different. Results depend on the specific facts and circumstances of each individual matter. Prior results do not guarantee a similar outcome. This article provides general educational information and is not legal advice.
This article is general information about Louisiana law and is not legal advice. Laws and deadlines can change, and every case depends on its own facts. Past results do not guarantee or predict future outcomes. Reading this page or contacting the firm does not by itself create an attorney-client relationship.
