A truck accident can be even more deadly if the truck driver was drunk when he caused it. Under Virginia law, you may be entitled to compensation from the trucking company or driver if you suffered injuries or a loved one was killed in the collision. However, you will need the right kind of evidence if you want to win your case.
How to Prove that the Truck Driver Was Drunk
The fact that the trucker was intoxicated at the time of your crash does not automatically entitle you to damages. You will need to prove that they were drunk and that this caused your wreck. How do you do this? You must collect the following types of evidence:
- Police report. The police report will contain vital details of how the crash occurred, the trucker’s actions—such as slurred speech and bloodshot eyes—that indicated he was drunk, and the officer’s conclusions as to who caused the accident. It should also contain information about the trucker’s blood alcohol content and whether they were arrested.
- BAC results. Because the dangers of driving when drunk are even greater for truckers, they can be found legally drunk if their blood alcohol content is 0.04 percent or higher. You can use the results of a breathalyzer or chemical alcohol test to prove that they were intoxicated.
- Witnesses. Eyewitnesses to the collision can testify about how the accident happened and the trucker’s speech, mannerisms, and other actions afterward that indicate that they were drunk. An experienced truck accident lawyer may also be able to locate witnesses at a restaurant, bar, or store that can confirm that the truck driver bought and consumed alcohol before causing your crash.
- Medical evidence. If the trucker suffered injuries, their medical records may also include blood tests that establish the level of alcohol in their system was over the legal limits.
- Trucker’s statements. The truck driver may have made incriminating statements admitting his intoxication to the police, witnesses, or others. These statements can be used against the driver in settlement negotiations with the insurance company and in court if you must take your case to a jury trial.
Were you hurt in a drunk driving truck accident? We can collect the evidence you need to hold the trucker and trucking company responsible for compensating you for your injuries. Call our Norfolk office to schedule a free consultation to learn more about how we can help you obtain the justice you deserve.