A truck driver’s decision to get behind the wheel while under the influence can have life-altering consequences. Impaired driving drastically reduces reaction time, judgment, and control—factors that are even more dangerous when operating a massive commercial vehicle.
These crashes often lead to severe injuries, tragic loss of life, and overwhelming financial and emotional hardships for victims and their families.
South Carolina follows a comparative negligence rule, meaning that victims can recover compensation as long as they are less than 51% at fault for the accident, but the amount victims can recover is reduced by their at-fault-percentage.
If the truck driver was intoxicated, however, this can be used to argue that the truck driver was “grossly negligent”, which may increase the victim’s ability to recover damages, including punitive damages meant to punish reckless behavior.
While federal regulations impose strict standards on commercial truck drivers, such as mandatory drug and alcohol testing, impaired driving continues to pose a serious threat. In these cases, victims have the right to pursue compensation and, in many instances, punitive damages to hold the at-fault driver—and potentially their employer—accountable.
Gross negligence, which involves reckless disregard for the safety of others, can play a crucial role in such claims, increasing the likelihood of punitive damages being awarded to deter similar misconduct in the future.
This guide examines the critical elements of DUI-related truck accidents in Rock Hill, the compensation victims may pursue, the distinct legal hurdles these cases present, and the significance of securing skilled legal representation to handle them effectively.
The Dangers of Intoxicated Driving in Commercial Vehicles
Commercial truck drivers operate large, high-risk vehicles that require skill, focus, and strict adherence to safety regulations. To mitigate the dangers of impaired driving, federal and South Carolina state laws enforce stricter safety standards for truck drivers compared to other motorists.
The Omnibus Transportation Employee Testing Act mandates routine drug and alcohol testing for commercial drivers, with severe penalties for violations. A single failed test can disqualify a driver from operating a commercial vehicle for a year or permanently.
Despite these measures, intoxicated truck drivers continue to cause accidents, often with devastating results.
When a commercial truck driver is impaired, the risks to others on Rock Hill’s roads increase significantly due to the sheer size and weight of these vehicles. Intoxication affects critical driving functions, leading to:
- Reduced Reaction Times – Alcohol and drugs impair coordination, reflexes, and judgment, delaying responses to hazards.
- Increased Stopping Distances – Fully loaded trucks already require significant distance to stop. Impaired drivers may fail to brake in time, causing severe collisions.
- Greater Impact Forces – The weight of commercial trucks amplifies collision forces, leading to life-threatening injuries or fatalities for other motorists, pedestrians, and passengers.
These accidents are entirely preventable, making intoxicated driving by truck operators particularly reckless. For victims, the outcomes can be life-altering, emphasizing the need for justice and accountability under South Carolina law.
Why Legal Representation Matters
Truck accident cases involving intoxicated drivers require detailed investigations and significant legal resources. An experienced attorney is essential to holding all responsible parties accountable and ensuring victims receive the compensation they deserve.
One of the first steps is conducting a thorough investigation, which involves gathering key evidence such as:
- Police reports detailing the accident and officer observations
- Breathalyzer and sobriety test results proving intoxication
- Drug testing records required for commercial drivers
- Data from the truck’s onboard systems, which may show erratic driving behavior before the crash
This evidence is crucial for proving the truck driver’s intoxication at the time of the accident.
If employer negligence contributed to the crash, attorneys may subpoena trucking company records to uncover patterns of oversight. For example, if a trucking company retained a driver with a history of substance abuse or failed to conduct required drug and alcohol tests, the company could be held negligent and financially responsible for the accident.
Proving gross negligence is particularly important in DUI cases. Under South Carolina’s modified comparative negligence rule, victims can recover compensation as long as they are less than 51% at fault for the accident.
If gross negligence is established—such as a truck driver operating under the influence—victims may be entitled to punitive damages, which are awarded to punish reckless behavior and deter future misconduct.
By exploring all potential avenues for compensation, a skilled attorney can work to maximize the victim’s recovery and ensure justice is served.
Compensation for Victims of DUI Truck Accidents
Victims of truck accidents caused by intoxicated drivers may be entitled to significant compensation to help cover the financial, physical, and emotional impact of the crash. Compensation generally falls into three main categories:
Economic Damages
These damages cover the direct financial losses suffered by victims:
- Medical Expenses – Covers emergency care, hospital stays, surgeries, rehabilitation, and long-term treatments.
- Lost Wages – Reimbursement for income lost during recovery and compensation for reduced earning capacity if injuries affect future employment.
- Property Damage – Covers the cost of repairing or replacing a damaged vehicle and any other personal property affected in the crash.
Non-Economic Damages
These damages compensate victims for the intangible effects of the accident:
- Pain and Suffering – Covers the physical pain and discomfort caused by injuries.
- Emotional Distress – Compensation for anxiety, depression, PTSD, and other psychological effects of the accident.
- Loss of Enjoyment of Life – Reflects the victim’s inability to engage in activities, hobbies, or daily routines they once enjoyed.
Punitive Damages
In cases involving gross negligence, such as driving under the influence, punitive damages may be awarded. These are designed to punish reckless behavior and deter future misconduct, particularly within the trucking industry.
Determining Liability in DUI Truck Accidents
Establishing liability in DUI-related truck accidents often involves multiple levels of negligence. While the driver’s impairment is the most immediate cause, trucking companies may also bear responsibility if they fail to enforce safety regulations.
Driver’s Responsibility
Truck drivers are directly accountable for their actions behind the wheel. Evidence such as:
- Failed breathalyzer tests
- Blood alcohol content (BAC) above the 0.04% federal limit for commercial drivers
- Eyewitness reports of erratic driving
… can all demonstrate clear negligence.
However, in many cases, the driver’s role is only part of a larger issue.
Employer Negligence
Trucking companies have a legal duty to ensure their drivers are fit to operate large commercial vehicles. They may be held liable if they:
- Hired or retained a driver with a known history of substance abuse
- Failed to conduct federally required drug and alcohol testing
- Ignored warning signs in the driver’s employment history or performance
For example, if a company prioritizes fast deliveries over safety or ignores repeated substance abuse violations, it may be found grossly negligent, increasing its liability in a claim.
Holding All Responsible Parties Accountable
A thorough investigation into all sources of negligence ensures that every liable party is held responsible. This approach not only maximizes compensation for victims but also highlights industry-wide safety failures.
For victims, working with a knowledgeable attorney ensures that their case is backed by strong evidence, that their rights are protected, and that they have the best chance of recovering the compensation they deserve.
Beyond individual accountability, legal action can help push for better enforcement of safety standards and reduce the risk of similar accidents in the future.
Steps to Take After a Truck Accident Involving Intoxication
If you’ve been injured in a truck accident caused by an intoxicated driver, the actions you take immediately afterward can have a significant impact on your case:
- Seek Medical Attention: Even if you don’t think your injuries are serious, see a doctor immediately. Medical records are crucial for linking your injuries to the accident.
- Document the Scene: Take photos of the accident site, your injuries, and the vehicles involved.
- Obtain Contact Information: Collect details from the truck driver, their employer, and any witnesses.
- Avoid Speaking to Insurers: Insurance companies may attempt to shift blame or minimize your claim. Refer all communications to your attorney.
- Contact an Attorney: Hiring a lawyer early allows them to preserve evidence, investigate the accident, and start building your case.
Why Legal Representation Sets You Up for Success
Truck accidents involving intoxicated drivers require a deep understanding of South Carolina DUI laws, trucking regulations, and liability standards. An experienced attorney can build a strong case, ensure all responsible parties are held accountable, and fight for the maximum compensation you deserve.
At Auger & Auger, we have over 30 years of experience handling truck accident cases, including those involving impaired drivers. Our team is committed to gathering evidence, proving negligence, pursuing punitive damages, and holding both drivers and trucking companies accountable for their reckless actions.
Contact Auger & Auger Today
If you or a loved one has been injured in a Rock Hill truck accident caused by an intoxicated driver, don’t wait to seek legal help. At Auger & Auger, we offer a free, no-obligation consultation to review your case and discuss your legal options.
With our A&A Zero Fee Guarantee, you won’t pay anything unless we win your case.
Let us put our experience and resources to work for you. Contact us today, and focus on your recovery while we fight for the justice and compensation you deserve.
