TL;DR:

If a drunk truck driver caused your accident, report it to the police, gather evidence, and seek medical care. The driver and their employer may be liable, allowing you to pursue compensation for injuries and damages. A personal injury lawyer can help you maximize your claim.

Key Highlights:

• Step 1: Report the Accident – Call 911 to ensure police document the crash and conduct sobriety tests.
• Step 2: Gather Evidence – Collect witness statements, photos, and police reports to prove the driver was impaired.
• Step 3: Seek Medical Attention – Get medical care immediately, even if injuries seem minor.
• Step 4: Identify Liability – The trucking company may be responsible if they failed to enforce safety regulations.
• Step 5: Contact a Lawyer – A truck accident attorney can help you file claims against the driver and trucking company to secure fair compensation.

According to the National Highway Traffic Safety Administration (NHTSA), alcohol-related crashes account for nearly 31% of all traffic fatalities nationwide. In Georgia, the consequences of a truck driver’s impaired judgment can be life-altering for victims and their families. 

In Georgia, the law strictly prohibits truck drivers from operating a vehicle under the influence. Under O.C.G.A. § 40-6-391, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher; however, commercial truck drivers are held to a stricter standard. Federal and state regulations set the legal BAC limit for commercial drivers at 0.04%, recognizing that even a small amount of alcohol can impair a truck driver’s ability to react, judge distances, and maintain vehicle control.

Beyond criminal penalties, a truck driver who causes an accident while intoxicated may be held civilly liable for damages suffered by victims. Additionally, the trucking company that employed the driver may also be responsible if they failed to conduct proper background checks, enforce drug and alcohol policies, or knowingly allowed an unfit driver to operate a commercial vehicle. Victims injured in such accidents may have the right to pursue compensation for medical expenses, lost wages, pain and suffering, and potentially punitive damages under O.C.G.A. § 51-12-5.1, which allows for additional financial penalties in cases of reckless or intentional misconduct.

Legal Consequences for a Drunk Truck Driver

Truck drivers are held to higher legal standards than regular drivers. Both federal and Georgia state laws impose strict regulations to prevent intoxicated commercial drivers from endangering others.

Georgia DUI Laws for Commercial Truck Drivers

• In Georgia, commercial truck drivers are subject to a lower blood alcohol concentration (BAC) limit than regular drivers.
• While regular drivers are considered legally impaired at 0.08% BAC, commercial drivers are considered intoxicated at 0.04% BAC under O.C.G.A. § 40-6-391.
• If a truck driver is found to be over the limit, they can face criminal charges, including fines, jail time, and license suspension.

Federal Trucking Regulations on Drunk Driving

The Federal Motor Carrier Safety Administration (FMCSA) has strict guidelines regarding alcohol and drug use among truck drivers. These include:

• BAC limit of 0.04% for commercial drivers.
• A mandatory 24-hour off-duty period if a driver tests positive for alcohol or drugs.
• Random alcohol and drug testing for truck drivers.
• Immediate suspension and disqualification for drivers convicted of DUI while operating a commercial vehicle.

If a truck driver violates these laws and causes an accident, they may face not only criminal penalties but also civil liability for the injuries and damages caused.

Who is Liable for a Drunk Truck Driver Accident?

When a truck driver causes an accident while intoxicated, multiple parties may be held liable, including:

1. The Truck Driver

• The driver is personally responsible for their actions and can be sued for damages.
• If found guilty of DUI, this serves as negligence per se, meaning they are automatically considered at fault for the accident.

2. The Trucking Company

• Trucking companies can be held vicariously liable for their driver’s negligence if the accident occurred while the driver was on duty.
• If the company failed to conduct background checks, ignored red flags in the driver’s history, or did not conduct required drug and alcohol tests, they could be sued for negligent hiring and supervision.

3. Third Parties (Bars, Restaurants, or Retailers)

• Under Georgia’s dram shop laws (O.C.G.A. § 51-1-40), an establishment can be held liable if they knowingly served alcohol to an already intoxicated truck driver who later caused an accident.

Holding multiple parties accountable can increase the likelihood of receiving full compensation for damages.

What Compensation Can Victims Recover?

If you or a loved one were injured by a drunk truck driver, you may be entitled to significant financial compensation, including:

1. Economic Damages

• Medical expenses (current and future)
• Lost wages and loss of earning capacity
• Property damage

2. Non-Economic Damages

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

3. Punitive Damages

• Unlike standard accident cases, DUI accidents often qualify for punitive damages, which are meant to punish the drunk driver and deter future reckless behavior.
• Georgia law (O.C.G.A. § 51-12-5.1) allows uncapped punitive damages in cases where the at-fault driver was under the influence of drugs or alcohol.

Steps to Take After an Accident with a Drunk Truck Driver

If you’ve been injured in a truck accident caused by a drunk driver, taking the right steps can help protect your rights and strengthen your claim.

1. Call 911 – Ensure police respond to the scene and request a breathalyzer or blood test for the truck driver.
2. Seek Medical Attention – Even if you feel fine, injuries can take time to manifest.
3. Gather Evidence – Take pictures, collect witness contact information, and obtain the police report.
4. Do Not Speak to Insurance Adjusters Alone – The trucking company’s insurer may try to downplay your injuries or shift blame.
5. Contact an Experienced Truck Accident Lawyer – A legal professional can help maximize your compensation and handle all negotiations.

How Our Atlanta Truck Accident Lawyer Can Help You

Dealing with a drunk truck driver accident claim is complex. An experienced attorney can:

• Investigate the accident and obtain crucial evidence such as dashcam footage, truck logs, and toxicology reports.
• Determine all liable parties, including the driver, trucking company, and third parties.
• Negotiate with insurance companies to ensure you receive full and fair compensation.
• File a lawsuit if necessary to fight for your rights in court.

If you or a loved one has been injured, contact us for a free evaluation today.

Conclusions

Drunk truck drivers pose a serious threat on the road, and when accidents occur, victims have legal rights to seek compensation. Georgia law allows victims to recover damages for medical expenses, lost wages, and pain and suffering. In cases involving DUI, punitive damages can also be awarded to hold the at-fault driver accountable.

To ensure you receive the maximum compensation possible, contact us for a free evaluation today.