Copyright © 2025 Gelb & Gelb, P.C. All rights reserved.
A driver under the influence of either alcohol or drugs, for which there are legal limits set in the District of Columbia to be considered legally intoxicated, that would apply to alcohol, or legally under the influence of something else, including narcotics, or even medication beyond what they were prescribed, or the amount prescribed. That would be legally under the influence in the District of Columbia.
It is critically important that those involved in an accident due to a driver under the influence of either drugs or alcohol contact a skilled truck driver lawyer. A diligent DC drunk truck driver accident attorney can help you hold the reckless driver accountable for the crash and help you seek compensation for your damages.
A driver is under the influence of alcohol, which is more common than if a driver is found to be under the influence of a narcotic. Alcohol abuse in the United States is rampant. Drug Abuse is also a factor, but it tends to be to a lesser extent when somebody is driving and involved in an accident. But the type of drugs involved would most typically be marijuana, which is even potentially legal to partake in while not driving. Just like with alcohol, even though it is legal to do in their home, that does not mean it is legal to drive under the influence of that substance.
Trucking accidents involving an intoxicated driver or a driver under the influence of drugs are horribly serious. Given the weight of the vehicle involved, particularly the truck, if it runs into something at any speed, it will likely destroy whatever it hits. The injuries tend to be quite catastrophic when the truck driver is under the influence.
The most common injuries include:
Those involved in an accident due to a drunk truck driver can recover a wide range of damages. Injured claimants could recover compensation for medical bills, wage loss reimbursement, loss of enjoyment of life, pain and suffering, and potentially punitive damages.
If the driver is at fault and negligent, that is enough to pursue a claim for negligence against the truck driver and/or the company that employs them.
Whoever insures the truck will be responsible for defending and indemnifying the truck driver. When that truck driver was drinking alcohol and driving, as long as they were within the scope of their employment. If the driver is an independent contractor, then they have their own policy. Their own policy language would mandate how the claim is handled. However, if they have their own policy as an independent contractor, it would likely cover them regardless of whether they were within the scope of employment.
A trucking company is required to test its drivers periodically to ensure they are not using illegal drugs. The process is much more complicated now that certain drugs like marijuana can be legal in certain states. But that does not mean the drug stays in a driver’s system beyond the time when they are under the influence of that drug. Additionally, this does not mean the employer cannot still prohibit our drivers from doing it and test them for it.
When a driver is involved in an accident, it is also common for the trucking company to conduct a blood or urine test at the hospital to ensure the driver was not under the influence. And that way, they could use that information as a defense for a claim for punitive damages.
There would likely be no coverage through the employer’s policy, corporate policy for the truck, or the trucking company’s policy if a collision occurs outside the scope of the driver’s employment. It would be a frolic and detour that the driver took upon him or herself to make while they were under the influence of alcohol. The commercial policyholder may disclaim the coverage, and a claim would have to be pursued against the driver’s personal policy. If there were no personal coverage available, then the victim, if they were driving a vehicle when the accident happened, would be able to make an uninsured motorist claim to their own policy.
In Washington, DC, if a victim of an auto accident is found to be contributorily negligent, meaning they are partially at fault for the accident, they are barred from any recovery against the liable party. That does not mean they cannot make a first-party or a claim under their own coverage for medical bills and lost wages that may be available regardless of their contributory negligence. Still, they would be barred from a liability claim against the at-fault party if they are found to be contributorily negligent.
If the injured person was a drunk driver, then they would be contributorily negligent and would be barred from any recovery. Any recovery against the liable party, if some other party may have been liable for the accident. For example, if a driver is rear-ended at a red light and the victim may have been intoxicated, that driver could make a claim for liability against the person who rear-ended them. This is because their intoxication was not a contributing factor to the crash.
However, if they are found to be contributorily negligent in any way for causing the accident, even one percent at fault, then that victim is barred from recovery for a liability claim. This does not mean the victim cannot make a first-party claim for medical bills or lost wages.
A claim for economic damages, as well as non-economic damages, can be pursued when there is a wrongful death claim. That would include future lost wages and other damages associated with a wrongful death because the victim won’t be around any longer. That would also allow the estate, and there are also other types of compensation available depending on whether the decedent died instantly or died after the accident took place. There may be, in some jurisdictions, a survival action, which would compensate them for the pain and suffering they endured before being deceased or being declared deceased.
Most truck accident cases settle because there is no issue about liability. But that does not mean there is an agreement as to the value of the claim. An insurance company acknowledges that its insured was intoxicated, and there is no dispute about who is at fault in the accident. That does not mean they necessarily believe the victim’s injuries are worth a certain amount, nor does it imply an agreement with the attorney representing the victim or the victim’s family. Additionally, just because there is intoxication, it does not change the fact that the claim may not settle anyway; they may still have to go to litigation.
A driver who is intoxicated and causes an accident could be held liable for any damages they cause. A dedicated DC drunk truck driver accident attorney could help you and your family seek compensation for your injuries. Call Gelb & Gelb, P.C., today to get started on your case.
Copyright © 2025 Gelb & Gelb, P.C. All rights reserved.