Tuesday, February 1, 2011

Trucker How Struck Minivan in Ventura Freeway: Negligent by Virtue of DUI

One of the main differences between truck drivers and regular drivers is the allowed alcohol in the system while driving.

While most states (including California) allows regular drivers to have less than 0.08 percent BAC on their system, federal law prohibits truckers from having ANY alcohol in their system.

That is why even the slightest alcohol in the system, can be used to prove a truck driver’s negligence in a truck accident.

That is probably going to happen on the part of the trucker who was arrested this Tuesday morning after crashing his truck into the center divider of the Ventura (101) Freeway and slamming into a minivan.

The crash seriously injured the minivan driver who had to be brought to a nearby hospital with the trucker, who sustained minor injuries.

The CHP also arrested the trucker for suspicion of driving under the influence and there are indications that his BAC may be more than the limit of regular drivers.

The minivan driver could and should file a personal injury claim against the trucker so that he can get compensation not only for his treatment but also for other losses he sustained such as lost income due to missed work, emotional distress and pain and suffering.

The trucking company can also be named as a defendant in the claim or lawsuit since they have vicarious liability over the actions of their employees.

Good news is that large trucks like big rigs and semis usually carry higher insurance coverage in case something like this happen.