In California, a person with a commercial driver’s license (CDL) is held to different driving standards than somebody who holds a license to drive a passenger car. A DUI conviction is sure to result in a big rig driver’s CDL being suspended for at least a year until such time as it can be reinstated. That puts a truck driver out of work for at least a year too. The suspension is targeted at all types of CDLs too.
The Stricter Standard for Big Rig Drivers
As per CVC 23152, an ordinary citizen who holds a license to drive a passenger car isn’t under the influence unless he or she operates a motor vehicle with a blood alcohol concentration (BAC) of .08 or above. CVC 15210 distinguishes between the permissible BAC for CDL holders though. The limit is cut in half. A CDL holder get a DUI charge with a BAC of .04 or above. Including if that individual was driving his or her own personal passenger vehicle at the time of the stop. The legislature’s rationale behind this limit is that many CDL holders drive trucks and trailers that can weigh up to 80,000 pounds that travel at moderate to high speeds. They can do incredible property damage. They can cause permanent catastrophic personal injuries or even fatalities when they’re part of the accidents.
Personal Injury Damages in a Truck Crash Case
If get injuries from a crash involving the holder of a CDL who was careless and negligent, you are eligible for compensation for the injuries and damages that you suffered. Those typically involve the following:
- Your medical bills, including future medical bills as a result of the crash.
- Any lost time from work or diminished earning capacity.
- Any permanent disfigurement or disability.
- Pain and suffering.
- In the event of a wrongful death, funeral and burial expenses and other valuable damages under California wrongful death laws.
Punitive Damages
California law does allow injured victims or the survivors of a decedent to pursue punitive damages if the defendant was under the influence of alcohol, drugs or a combination of the two at the time of a big rig crash. Take notice that punitive damages aren’t generally covered under a person’s auto or truck insurance though. Therefore, it’s unlikely that they’ll be immediately recovered if they’re awarded. A California jury has the permission to consider the financial situation of a defendant when deliberating on punitive damages. You’ll want to seek the advice and counsel of our California truck accident lawyer here at Maison Law about any compensatory or punitive damages that you might seek in your case.
If you had injuries, or you lost a loved one as a result of the carelessness and negligence of a CDL holder anywhere in California we can help. Contact us at Maison Law right away for a free and confidential consultation and case evaluation. If you hire us to represent you, we’ll obtain full and complete records of the accident investigation. We’ll be able to determine whether the CDL holder, under the influence of drugs, alcohol or both. No up-front legal fees are even due if you do retain us. That’s because we handle these cases on a contingency fee basis. Our sole objective will be to obtain the highest settlement or award on your behalf that you deserve.
Contact a Personal Injury Lawyer
After a big rig accident involving a serious injury in the Central Valley, contact attorney Martin Gasparian for a free consultation and case evaluation. Mr. Gasparian takes a hands-on approach to every case. He believes that every client should work directly with their lawyer. Clients need to get honest advice and personalized attention to detail their case deserves.
