San Jose Drunk Driving Truck Accident Lawyer

An Impaired Driver in a Loaded Truck. We Make Them Answer for It.

Alcohol slows reactions, blurs vision, and wrecks judgment. Behind the wheel of a big rig, that can be catastrophic. Our San Jose attorneys pursue the driver, the trucking company, and every source of compensation you’re owed.

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Alcohol and Big Rigs: Why the Stakes Are Higher

Truck drivers spend long hours on the road, often far from friends and family and under real stress. That’s no excuse for drinking and driving, but it’s part of why impaired truck drivers are a danger on California roads. Alcohol affects every skill a truck driver needs:

Reaction time: trucks already need more time to brake or steer around trouble; alcohol makes that time longer
Vision: tunnel vision or blurred vision on top of a truck's already large blind spots
Motor control: a big rig demands more precise handling than a car, and alcohol takes precision away
Judgment: whether to change lanes, pass, or keep driving in bad weather are calls an impaired driver gets wrong

When a truck driver chooses to drive impaired and causes a crash, that choice is negligence, and it can open the door to more compensation than an ordinary case.

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What to Do After a Drunk Truck Driver Hits You

Tell the 911 dispatcher you think the truck driver is impaired.
Officers at the scene can then test the driver, and that evidence can’t be recreated later.
Keep your distance from the driver.
Impaired people are unpredictable. Let the police deal with them.
Note what you observed.
The smell of alcohol, slurred speech, unsteady walking, containers in the cab, or erratic driving before the crash.
Identify the truck and the carrier.
The company name and numbers on the cab and trailer bring the trucking company, and its insurance, into your claim.
Get medical care right away.
Serious injuries don’t always hurt at first, and a same-day record ties them to the crash.
Call us before talking to any insurer.
We handle the trucking company’s insurer and follow the criminal case, so its evidence can support your claim.

Who Pays After a Drunk Truck Driver Crash?

The impaired driver

The driver who chose to drink and drive is responsible for your medical expenses, lost wages, and pain and suffering.

The trucking company

The carrier is generally responsible for its driver on the job, and may be liable for its own failures in hiring or supervising a driver with a drinking problem.

Punitive damages

In extreme cases, such as drunk driving crashes, California law allows damages meant to punish reckless conduct, on top of compensation for your losses.

Your own coverage, if needed

If the responsible parties don’t carry enough insurance, your uninsured/underinsured motorist (UM/UIM) coverage can fill the gap.

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How We Build a Case Against an Impaired Truck Driver

Drunk driving cases often come with strong evidence, but it’s spread across the police, the courts, and the trucking company. We bring it together:

Police reports, including officers’ observations and any test results
The criminal case record, and any DUI conviction
Witness accounts of erratic driving before the crash
The truck’s speed and braking data, and any camera footage
The driver’s history, and how the trucking company screened and supervised them
Where the driver had been drinking, when the evidence points to it

Then we look past the driver. A trucking company that ignored warning signs about a driver’s drinking may be responsible for its own negligence, and that can matter a great deal for the size of your recovery.

Drunk Driving Truck Crashes and California Law

Commercial drivers are held to a stricter standard

Drivers of commercial vehicles face a lower legal blood alcohol limit than other drivers. But you don’t need to prove the driver was over any limit: driving while impaired and causing a crash is negligence.

Your claim is separate from the criminal case

The prosecutor punishes the driver; only a civil claim compensates you. You don’t need a conviction to recover, but a DUI conviction can serve as evidence in your claim.

Punitive damages are possible

Drunk driving is the kind of conduct that can support punitive damages, which can add significantly to what the defendant pays.

Two years to file

You generally have two years from the date of injury to file a lawsuit, and only six months for a claim involving a government vehicle.

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San Jose Drunk Driving Truck Accident FAQs

Can I sue a truck driver who is also facing DUI charges?

Yes. The criminal case and your injury claim are completely separate. You can pursue compensation whether or not the driver is charged or convicted.

Does a DUI conviction help my claim?

It can. A conviction can serve as evidence that the driver was impaired and negligent. But you don’t have to wait for one, and a claim can succeed without it.

Is the trucking company responsible when its driver drinks?

Often, yes. A carrier is generally responsible for its driver on the job, and a company that knew or should have known about a driver’s drinking may be responsible for its own negligence too.

What if the driver was on drugs rather than alcohol?

Driving while impaired by drugs, whether illegal or prescription, is just as much negligence. The evidence may be different, but the claim works the same way.

Can I get punitive damages?

Possibly. California allows punitive damages in extreme cases, and drunk driving is one of the clearest examples. Punitive damages are awarded on top of your compensation.

What if the driver or company didn't have enough insurance?

Trucks usually carry commercial insurance with higher limits than personal policies. If it still falls short, your own UM/UIM coverage may help, and we look for every other responsible party.

How long do I have to file?

Generally two years from the date of the crash in California, and only six months when a government vehicle is involved.

Get Your Free, Confidential Case Review, 24/7

A drunk driving truck crash can leave you with a long, hard road, and a trucking company with extensive legal resources on the other side. Call now or send the form; we respond fast, 24/7, in English, Spanish, or Korean. Your consultation is free and confidential. No fee unless we win.

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Solution Now Law Firm
1253 Park Ave
San Jose, CA 95126