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If you are in a Maryland drunk truck driver accident, you may be suffering from significant injuries and unsure of where to turn. Truck drivers are responsible for operating their massive vehicles with care and caution. If a truck driver is drunk, it will be much more difficult to comply with this legal duty of care. The driver is more likely to rear-end the vehicle in front of them, more likely to speed through a turn and rollover, and do any number of other negligent acts. For several decades, we have understood the dangers of drunk drivers on the road. Victims of drunk truck driver accidents in Maryland often suffer life-altering injuries, from broken bones to traumatic brain injuries, and may face long-term medical treatments and financial burdens.
Drunk driving is reckless and illegal. In many jurisdictions across the country, reckless behavior carries a civil punishment of punitive damages. That is not the case in Maryland. Instead, punitive damages are only available to plaintiffs when the defendant acts intentionally. Thus, for a Maryland drunk truck driver accident to result in punitive damages, the drunk driver must deliberately strike your vehicle. Otherwise, while mere negligence elevates recklessness, that is insufficient to get a civil fine, also known as punitive damages. Accordingly, you are still entitled to compensatory damages if we can prove liability against the defendant.
If you are in a Maryland drunk truck driver accident, it is best to contact a Maryland personal injury law firm immediately.
Why do severe consequences occur more in drunk driving accidents? Alcohol impairs a driver’s judgment. A driver may be more willing to look down at their phone or to change the music. Or a drunk driver may be more likely to try to time a light or make a turn at a speed that a sober person would know to avoid. This bad judgment is the cause of countless truck accidents every day. But the adverse effects of alcohol on the road do not stop there. It affects a driver’s reflexes, ability to handle the vehicle safely, depth perception when approaching a stopped vehicle, and even temperament in traffic.
A drunk driver may struggle to stay in their lane or promptly respond to dangerous road conditions. All it takes is one object in the middle of the road to cause a significant accident, threatening the lives of everyone on the road.
Commercial trucks can weigh up to 80,000 pounds. This is about the size of a Toyota Camry, which weighs about 3,500 pounds. That makes a semi-truck’s weight about 22 times more than the average car. Thus, a truck’s size and weight can cause catastrophic damage to smaller passenger vehicles, even at lower speeds. So, we first have a truck that is already more challenging to operate than the typical vehicle. Then, we have a truck driver who is inebriated and unable to react to dangers in a prompt manner. Now, we understand that the dangers of a Maryland drunk truck driver accident are greater than the typical accident due to the sheer size and weight difference.
Unquestionably, the drunk truck driver is responsible for his actions. Further, the trucking company may be liable for his actions if he is acting within the course and scope of his employment. Below, we will discuss how to determine whether the larger company is liable.
We see all types of injuries in a Maryland drunk truck driver accident. In more severe cases, we see burns and lacerations from broken glass or a vehicle occupant being ejected from their vehicle. In the most severe cases, we see fractures from the immense force of a truck collision. If one breaks a rib in a Maryland drunk truck driver accident, the result can be a punctured lung. That is one of the more common injuries we see from broken ribs that quickly lead to fatal accidents. However, other internal injuries may include damage to vital organs such as the liver or kidneys. The worst accidents can also involve traumatic brain injuries (TBIs). Those injuries range from mild concussions to more severe brain trauma. TBIs can result in memory loss, cognitive impairment, and long-term disability.
While that summation covers the more severe injuries, the most common injuries in a Maryland drunk truck driver accident are those related to the neck, back, and spine. A spinal cord injury can be severe in a bad truck accident because it can lead to partial or total paralysis. But in most cases, an accident victim may suffer from long-term soreness in their neck and back.
When these common injuries happen, the victim may be unable to work.
There are two components to proving liability in a Maryland drunk truck driver accident. The first is clear: we will pursue a claim against the drunk truck driver for your injuries. However, the trucking company tends to have more money to cover your damages. In a significant accident, this is critical. For the trucking company to be liable, whether it is Amazon, Giant Grocery, or some other corporation, the driver must be acting within the course and scope of his employment with that company at the time of the accident. The frolic and detour doctrine helps determine whether a driver is on the job when an accident occurs.
Of course, if the driver is on his route, it is clear that he is acting within the scope of his job. But what if he is off getting gas? That is a minor detour and still within the scope of his employment in most instances.
However, if the truck driver goes 25 miles off his route to visit his favorite bar, gets drunk, and hits a car a mile away from the bar, is the trucking company responsible for the injuries that result? That would be considered a frolic in most cases. A frolic is a major departure from the scope of employment undertaken for that employee’s benefit. In such a case, you may encounter insurance issues. The truck’s insurer may argue that they only cover actions taken to complete work for the trucking company. This is one of the many reasons why you need an effective truck accident attorney advocating on your behalf.
The role of alcohol testing and evidence in a Maryland drunk truck driver accident is not as important in Maryland as it is in other states. This is because the mere fact that the driver was drunk at the time of the accident does not necessarily mean the driver was negligent. Moreover, whether the driver was drunk does not entitle you to additional compensation in Maryland, as in other states.
You should speak to an attorney upon getting into a Maryland drunk truck driver accident. The experienced attorneys at Gelb & Gelb have helped over 10,000 clients get the compensation they deserve after an accident. We are familiar with all insurance companies operating in Maryland.
Contact our office today for a free consultation and case evaluation at (202) 331-7227.
Copyright © 2024 Gelb & Gelb, P.C. All rights reserved.