You know that many people aren’t lucky enough to be conscious after a truck accident, so you were thankful when you opened your eyes and saw the police standing above you. As you made your way to the ambulance, you noticed the truck driver who hit you standing by his cab, swaying and holding the door for support. While you put this down to shock, now you’re wondering if it could have been a sign of something much more dangerous: could the trucker have caused your accident because he was drunk?
Ways to Gather Proof of a Trucker’s Drunk Driving After an Accident
There are several ways to gather evidence of a possible drunk driving incident. Some pieces of evidence may be stronger than others, but as a general rule, the more proof you have, the stronger your case. Here are the easiest ways to convince a judge that the trucker was driving while impaired:
- Police reports. The police report taken on the day of the crash will have vital details about the accident scene, but also a list of contributory factors that may have played a role in the crash. The investigating officer is required to take note of any direct or proximate cause of an accident, such as speeding, tailgating, or other illegal driving maneuvers. It will also contain the name of the truck driver and whether or not he was arrested or suspected of drinking on the day of the accident. You can request a copy of the police report a few days after the accident, usually for a small fee.
- BAC results. Police officers may request that a trucker submit to a breathalyzer or chemical blood alcohol test if they suspect the driver has been drinking. If the trucker’s blood alcohol content (BAC) was over the legal limit, you will have hard evidence to use against him in court. (Note: If the police will not release these results to you, an attorney can request test results with a subpoena).
- Past driving records. Your attorney can help you gather a trucker’s past driving records, including whether or not he has been cited for moving violations. Even if he was never arrested, he may have gotten a ticket for speeding, having an open container of alcohol in the cab, or causing other accidents in the past.
- Past criminal records. If the driver has previously been arrested or convicted on DUI charges, the court may have reason to suspect that he also drinking on the day of your accident.
Have You Been Injured In A Truck Accident?
If you've been injured in a tractor trailer accident you need to speak with an experienced truck accident attorney as soon as possible. Please contact us online or call our Kansas City office directly at 816.471.5111 to schedule your free consultation.