Accidents involving impaired truck drivers are not common, but when they do occur, the consequences are often severe or deadly. Motorists who are hurt in drunk driving truck accidents in Bartlett need representation from experienced truck accident attorneys who have in-depth knowledge of how Tennessee law helps drunk driving truck accident victims recover substantial compensation.
The truck accident team at The Law Office of David E. Gordon & Elissa M. Coombs has that knowledge. Our attorneys aggressively pursue the insurance companies that are liable to reimburse a victim’s losses and expenses. We fight tirelessly to get our clients back on their feet after a catastrophic drunk driving truck collision.
How a Lawyer Can Prove That a Truck Driver Was Impaired
A Bartlett lawyer only needs to prove that the truck driver was drunk to recover compensation for a motorist injured in a drunk driving truck accident. Further, the burden of proof to show intoxication is significantly lower in a personal injury lawsuit than it is in a criminal matter. If the lawyer shows that it is more than 51% likely that the truck driver was drunk, the burden of proof has been satisfied.
With this lower burden of proof, a drunk driving truck accident lawyer can prove intoxication with:
- The results of field sobriety and toxicology tests performed by law enforcement authorities after a crash
- Testimony from witnesses who saw the truck driver drinking before the crash
- Receipts from taverns showing how much alcohol the truck driver consumed
- Accident scene reports that include references to empty alcohol containers or statements from witnesses who noticed an alcohol aroma
- The trucker’s driving record, if that record includes prior DUI citations.
An Injured Motorist Can Recover Substantial Compensation
In drunk driving truck accidents, state law allows an injured motorist in Bartlett to claim punitive damages if the trucker’s actions in causing the accident were willful or wanton. Rather than traditional economic or non-economic compensation that are remedies for a motorist’s accident-related losses and expenses, punitive damages penalize the drunk truck driver for reckless conduct.
Tennessee law generally limits punitive damages to the greater of $500,000 or two times the compensation recovered by the injured party, but these limits do not apply in cases where the at-fault party acted willfully or wantonly. When you consult with personal injury lawyers after a drunk driving truck accident, make sure you ask them about claiming punitive damages in addition to reimbursement for your economic and non-economic losses.
Do Not Hesitate to Retain a Truck Accident Lawyer
In Tennessee, you have only one year after the date of a drunk driving truck accident to file your personal injury lawsuit. If a Bartlett prosecutor files separate criminal DUI charges against the truck driver, under certain conditions, that deadline might be extended to two years. You should not, however, assume that this extension is automatic.
The better practice is always to file your lawsuit within the one-year limit, when witnesses’ memories and other evidence are still fresh and readily available. A court can stay your civil case while the criminal matter moves forward, but you will have your opportunity to pursue the compensation you deserve after the criminal case is complete.
Speak with an Attorney About Your Accident with a Drunk Trucker in Bartlett Today
The truck accident injury attorneys at The Law Office of David E. Gordon & Elissa M. Coombs offer free consultations to motorists who are injured in drunk driving truck accidents in Bartlett. Contact our law firm at any time to learn how we can recover substantial compensation for your accidental losses and expenses.
