Personal Injury Case Analysis:
A semi tractor pulling a full trailer can weigh up to 80,000 pounds. It can be a nerve-racking experience to share the road with a vehicle weighing 40 tons. What is really scary is when one of these large, heavy trucks is being driven by a trucker who is impaired by drugs and/or alcohol.
Unfortunately, after representing victims of semi and other commercial motor vehicle accidents for over 35 years, I have seen the devastation of combining an impaired trucker and a semi.
Our law firm, Craig, Kelley & Faultless, represented a young lady who was driving her personal car in Decatur County, Indiana, when she was struck by a semi tractor-trailer. Our client was severely injured in the wreck.
When the trucker got out of the vehicle, it was clear that something was wrong with him. He was very hyper. He couldn’t focus, and his speech was impaired. Once the police arrived, they determined they had probable cause to force the trucker to undergo a blood draw for a drug screen. This driver tested positive for methamphetamine.
Fortunately, our client wasn’t killed in the wreck. We sued the truck driver and the trucking company he worked for. We not only asked for compensatory damages, but also punitive damages. Compensatory damages are those damages that our client suffered because of the wreck. They included:
- medical bills
- property damage
- lost wages and loss of future earning ability
- future medical and care expenses
- pain, suffering, and loss of enjoyment of life
- and money for permanent disabilities and scarring.
Punitive damages are separate, and that is money to be awarded to punish the defendant and to deter him and others like him from engaging in similar conduct.
Unfortunately, methamphetamine and cocaine are widespread among truckers. They use these drugs to keep them awake and to give themselves energy. One of the most abused drugs is amphetamines. A study conducted by the American Addiction Centers showed that 30% of the truckers questioned admitted to using amphetamines.
Alcohol and marijuana are also problems for truckers. Any type of impairment is dangerous and can cause a wreck with devastating consequences.
Our client was not killed and made a full recovery from her collision. We were able to settle her case for a fair amount. However, many other people aren’t as fortunate and are either killed or permanently injured because of impaired truckers.