What to Know If You Were Hit by a Drunk Truck Driver

The Short Answer…

A drunk truck driver is a commercial truck operator who gets behind the wheel while under the influence of alcohol or drugs. Commercial drivers face tougher rules, including a 0.04% BAC limit, mandatory drug and alcohol testing, and a ban on drinking within 4 hours of driving. When a trucker violates these regulations, the consequences can be severe and even small amounts of impairment can lead to catastrophic crashes.

If you were hit by a drunk truck driver in Texas, you may be able to recover compensation for medical bills, lost income, pain and suffering, and more. This guide explains the dangers of impaired trucking, how liability works, what evidence can prove the driver was intoxicated, and how an experienced truck accident lawyer can help protect your rights.

Key Takeaways

• Impaired truck drivers pose extreme danger, and even small amounts of alcohol or drugs can lead to serious crashes.
• FMCSA rules strictly regulate truck driver alcohol and drug use, including a 0.04% BAC limit, mandatory testing, and employer oversight.
• Liability often extends beyond the drunk truck driver, and may include trucking companies, cargo loaders, or maintenance providers.
• Victims may recover substantial compensation, including medical bills, lost income, and pain and suffering.
• The attorneys at Braker White bring 60+ years of combined experience and are dedicated to advocating for you after a drunk truck driver crash.

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Steps to Take After a Drunk Driving Truck Accident

If possible, do the following to protect your health and your claim:

1. Call 911 and request police and medical attention.
2. Tell officers you suspect drunk or drugged driving.
3. Get medical treatment immediately.
4. Take photos and videos of the scene and injuries.
5. Gather witness information.
6. Do not speak to insurance companies alone.
7. Contact a truck accident lawyer as soon as possible.

The trucking company will likely have a rapid-response team at the scene within hours. You deserve a team on your side with the same level of urgency and experience. Braker White can step in immediately to protect your rights and begin building a strong case on your behalf.

The Dangers of Impaired Truck Drivers Behind the Wheel

Truck drivers operate vehicles weighing up to 80,000 pounds, meaning even a slight delay in reaction time can be catastrophic. When alcohol or drugs enter the equation, the danger multiplies. Common impacts include:

• Slower braking and delayed reactions
• Weaving between lanes
• Misjudging distance or speed
• Falling asleep behind the wheel
• Overcorrecting and triggering rollover crashes or multi-vehicle pileups

Recent national and Texas crash reports show that substance use remains a consistent factor in deadly trucking collisions, despite industry regulations.

Statistics on Drug & Alcohol Use Among Truck Drivers

According to the latest data from the Federal Motor Carrier Safety Administration (FMCSA), of all large-truck drivers involved in fatal crashes between 2002 and 2022, 5.1% had alcohol in their system, and 2.8% were legally intoxicated at the time of the crash. While those percentages may appear low at first glance, the extreme weight and force of a commercial truck mean that even a single impaired driver can cause widespread destruction.

The FMCSA’s Drug & Alcohol Clearinghouse also reported 27,026 drug and alcohol violations among truck drivers in 2024, and Texas led the nation in the total number of reported violations. This includes positive tests, refusals to test, and drivers caught operating commercial vehicles while under the influence of alcohol or controlled substances.

These statistics show that impaired truck driving is not an isolated problem, but a widespread issue that continues to threaten public safety. For Texas drivers, the high rate of violations reinforces the importance of taking immediate legal action when involved in a drunk truck driver accident and working with a law firm that understands the scope and seriousness of the problem.

Drug & Alcohol-Related Laws & Regulations for Commercial Truck Drivers

Truck drivers must follow strict federal rules designed to prevent impaired driving and protect the public. The FMCSA regulates everything from how much a driver can drink to when and how they are tested for drugs and alcohol. Some key regulations include:

• 0.04% BAC Limit for Commercial Drivers:  The legal blood alcohol concentration (BAC) limit for CDL drivers is 0.04%, which is only half the limit for regular drivers.
• The Four-Hour Rule: Truck drivers cannot consume alcohol within 4 hours of going on duty or operating a commercial motor vehicle. Even if their BAC is technically below 0.04%, violating this rule can still result in penalties.
• Mandatory Drug & Alcohol Testing: Truck drivers must undergo several types of required testing, including random testing throughout the year and reasonable suspicion testing if a supervisor believes a driver is impaired.
• FMCSA Drug & Alcohol Clearinghouse Requirements: Trucking companies must record all drug and alcohol violations in the Clearinghouse. This system helps prevent unsafe drivers from moving to a new company without disclosing prior violations.
• Employer Responsibilities: Trucking companies must:
  • Train supervisors on recognizing impairment
  • Enforce testing programs
  • Remove drivers from duty immediately after a violation
  • Keep safety records and testing results on file

These strict rules exist because even small amounts of alcohol or drug use can make a truck driver dangerous behind the wheel. In terms of legal cases, violations are often powerful evidence of negligence.

Potential Consequences of Drunk Driving Truck Accidents

For the victim:

These crashes cause far more severe injuries than typical car accidents due to the size and force of a semi-truck. Victims often suffer:

• Traumatic brain injuries
• Spinal cord damage or paralysis
• Broken bones
• Internal injuries
• Permanent disability
• Wrongful death

For the impaired truck driver:

When a commercial truck driver violates federal drug and alcohol regulations, the consequences are serious and often life-changing—reflecting the extreme danger impaired truck drivers pose on the road. Penalties may include:

• CDL suspension or permanent revocation
• Heavy fines and increased insurance costs
• Loss of employment
• Criminal charges, including DUI, intoxication assault, and intoxication manslaughter in Texas

These penalties highlight how seriously the law treats impaired truck driving. If you were injured by a trucker who broke these rules, a truck accident lawyer can help you hold the driver accountable and seek full compensation for your losses.

Liability in Drunk Truck Driver Accident Cases

Determining liability means identifying which parties are legally responsible for causing the crash and the harm that followed. In drunk truck driver accidents, liability often extends beyond the driver, because multiple companies and individuals may have played a role in allowing an impaired trucker onto the road.

Who Can Be Held Liable After a Drunk Truck Driver Crash?

More than one party may be responsible, including:

1. The drunk semi-truck driver, for operating under the influence and violating CDL safety standards.
2. The trucking company, if they failed to screen or test drivers, ignored safety violations, encouraged unrealistic schedules, kept unsafe drivers on the road, or lacked proper supervision or training.
3. Third parties, including cargo loading companies, maintenance companies, truck manufacturers, and bars that overserved the driver (under Texas Dram Shop law, when applicable).

How Can You Prove a Semi-Truck Driver Was Drunk?

Evidence in a truck driver DUI case is deeper and more technical than in a regular car accident, often involving:

• Blood alcohol concentration (BAC) test results
• Field sobriety tests
• Dashcam footage
• Black box (ECM) data
• Driver logbooks showing hours-of-service violations
• GPS data
• Employment, training, and testing records
• Company safety history
• Witness statements
• Accident reconstruction

Because these cases are complex, a lawyer can help you identify all liable parties and collect valuable evidence to build a strong case for justice and maximum compensation.

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Damages You May Recover After a Drunk Truck Driver Accident

A drunk truck driver crash can leave you facing serious injuries, medical bills, and major life disruptions. Victims are often entitled to pursue compensation for both financial losses and the personal impact of the crash. These damages may cover:

• Medical bills and future treatment
• Lost wages and reduced earning ability
• Vehicle damage
• Other out-of-pocket expenses related to the accident
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Scarring, disfigurement, and loss of companionship
• Punitive damages, which punish reckless conduct and discourage future violations
• Wrongful death damages for families who lose a loved one

Trucking companies move fast after a crash, and so should you. Braker White is ready to investigate, preserve evidence, and fight for every dollar you may be entitled to.

How Braker White Can Help Your Drunk Truck Driver Accident Case

When a drunk truck driver causes a serious crash, the trucking company and its insurers immediately begin building a defense. You need a legal team that knows how to counter their tactics. At Braker White, our attorneys bring 60+ years of combined experience handling complex truck accident cases in Odessa, Midland, and across West Texas.

Here’s what sets us apart:

• Proven Experience With Commercial Trucking Cases: Our team has decades of success representing victims in truck accidents involving impaired drivers, FMCSA violations, and negligent trucking companies. We know the laws, the industry, and the strategies needed to win.
• Deep Knowledge of FMCSA Rules & Safety Violations: From BAC limits and drug testing regulations to logbook requirements and company oversight, we know exactly where trucking companies cut corners and how to hold them accountable.
• Rapid Investigation & Evidence Preservation: We act fast to secure evidence before it disappears. Time is critical, and we don’t waste a second.
• Aggressive Negotiation With Insurance Companies: Insurers know we don’t accept lowball offers. Our track record shows we push for full compensation or we take the fight to court.
• Trial-Ready Representation: We prepare every case like it’s going before a jury, which often leads to better settlements and better outcomes for our clients.
• Compassionate Support Throughout Your Recovery: We handle the legal battle so you can focus on healing, providing clear communication and guidance every step of the way.
• No Upfront Costs: You pay nothing unless we win. It’s that simple.

If you were hit by a drunk truck driver in Texas, Braker White is ready to protect your rights, uncover the truth, and fight for every dollar you may be entitled to.

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Injured by a Drunk Truck Driver? Our Truck Accident Lawyers Are Ready to Fight for You

A crash caused by a drunk truck driver can change your life in an instant, but you don’t have to face the aftermath alone. At Braker White, our Texas truck accident attorneys bring over 60 years of combined experience holding negligent drivers and trucking companies accountable for the harm they cause.

If you’ve been injured, don’t wait. Contact Braker White today for a free case review, and let our experienced team fight for your future.