Were you injured in a tractor trailer accident on Highway 11 in Monroe, Georgia because the truck driver was drunk or high?
If you were injured because of a drunk or high truck driver, please see below the 5 steps to take in investigating and proving the truck driver was driving drunk or high.
FIRST-OBTAIN THE POLICE REPORT
The first thing you will want to do is obtain the police report for the accident. There may be valuable information in the report from the responding police officer regarding what he observed during the investigation of the accident and what the truck driver said to the responding officer about the accident.
SECOND-REQUEST 911 AUDIO AND BODY CAM FOOTAGE FROM THE RESPONDING POLICE DEPARTMENT
Make sure to request both the 911 audio for all calls regarding the accident and also the body cam footage from the responding officer at the accident scene.
The 911 audio can reveal witnesses you did not know about who observed the accident, which can be valuable if they observed the truck driver do anything that could raise suspicion of drunk or high driving.
Additionally, the truck driver may have called 911, and the audio of the 911 call may reveal slurred speech or other clues to the driver’s mental state at the time of the accident.
THIRD-IF THE TRUCK DRIVER WAS CHARGED WITH DRUNK DRIVING OR DRIVING WHILE ON DRUGS, CLOSELY MONITOR THE CRIMINAL PROSECUTION
If the truck driver was arrested for drunk driving or driving while on drugs, make sure to closely follow the criminal prosecution. There may be evidence unearthed by the prosecutor’s office that you did not know about.
If a criminal trial is held, make sure to attend the trial to see if there is any evidence or testimony you may be able to use for your lawsuit.
Another reason for following the prosecution is that if the truck driver pleads guilty or is convicted for drunk driving or driving while on drugs, this is evidence you may be able to use for your own case against the truck driver and trucking company.
FOURTH-REQUEST THE DRUG AND ALCOHOL TESTS OF THE TRUCK DRIVER FROM THE TRUCKING COMPANY
Trucking companies are required to conduct drug and alcohol testing of their drivers after accidents when a fatality occurs, or when the truck driver is issued a citation and one of the vehicles has to be towed or someone is injured to where they have to be taken for immediate medical treatment away from the accident scene.
Always request the trucking company to produce the drug and alcohol tests for the truck driver. If the truck driver had a blood alcohol content level of .04 or more, he/she is considered to be under the influence. This is different than the .08 standard for non-commercial vehicle drivers. Because trucks are so large and powerful, truck drivers are held to a different standard.
FIFTH-REQUEST ALL DASH CAM VIDEO FROM THE TRUCK
Many trucking companies use dash cams in their tractor trailers now. The dash cam video footage can be very helpful evidence in truck accident cases.
If the dash cam shows the truck driver doing anything that would imply that he/she is driving drunk or driving high, this can be crucial evidence to your case. Make sure to put the trucking company on notice as soon as possible to preserve all dash cam video from the truck involved in the accident for the day of the accident.
CONTACT BARTLETT BENTON
If you were injured in a tractor trailer accident on Highway 11 in Monroe, Georgia due to a drunk or high truck driver, please call Bartlett at 770-365-6414 for a free case evaluation.