Stephens Law Firm | November 3, 2025 | Truck Accidents
A collision involving a large commercial truck can leave lasting consequences, both physically and financially. When alcohol plays a role, the harm can be even more devastating. If you or someone you love was hurt in a drunk driving truck crash in Fort Worth, you may be wondering, what if the truck driver was drunk?
Texas law holds intoxicated drivers, and sometimes their employers, accountable for the damage they cause. You have every right to seek compensation and justice for what happened. Skilled legal representation helps ensure that every responsible party is held accountable.
A truck accident lawyer near you can review your situation and explain your legal options during a free consultation.
Key Takeaways: DUI Truck Accidents in Texas
- Texas law prohibits commercial truck drivers from operating with a BAC of 0.04% or higher, half the limit for regular drivers
- Drunk driving truck accidents can result in punitive damages in addition to compensatory damages
- Trucking companies may be held liable for a drunk driver’s actions under certain circumstances
- Evidence of intoxication must be preserved quickly, as it can disappear within hours or days
- Victims of drunk driving truck accidents have multiple legal options for seeking compensation
What Makes Drunk Driving Truck Accidents Different in Texas?
Truck crashes involving alcohol are different from other traffic accidents. Commercial drivers are held to stricter safety standards and are subject to federal and state regulations that limit alcohol consumption. These cases also tend to involve larger insurance policies and potential corporate responsibility.
Lower Legal Limit for Commercial Drivers
Texas sets the legal blood alcohol concentration (BAC) limit at 0.08% for most drivers, but for commercial truck drivers, the limit drops to 0.04%. A driver operating an 18-wheeler with that level of alcohol in their system is legally intoxicated and may face both criminal charges and civil liability.
Federal Motor Carrier Safety Regulations
The Federal Motor Carrier Safety Administration (FMCSA) prohibits truck drivers from consuming alcohol within four hours of going on duty or operating a vehicle. These regulations also require regular drug and alcohol testing for commercial drivers. Violations can result in immediate suspension and impact the trucking company’s operating authority.
Enhanced Liability Potential
Because of the size and power of commercial vehicles, a drunk truck driver’s decisions can have catastrophic outcomes. If a trucking company ignored warning signs or failed to enforce safety standards, it can share responsibility for the crash.
Availability of Punitive Damages
Punitive damages, which go beyond standard compensation for losses, may be available in cases involving drunk driving. These damages punish grossly reckless behavior and discourage others from repeating similar conduct.
How Does Texas Law Address Drunk Truck Drivers?
Texas takes intoxicated driving seriously, especially for commercial vehicle operators. Truck drivers can face both criminal penalties and professional consequences that affect their livelihoods.
Criminal Penalties Under Texas Penal Code
A truck driver convicted of driving while intoxicated (DWI) can face jail time, fines, probation, and community service. If the crash causes serious injury or death, the offense can rise to intoxication assault or intoxication manslaughter, carrying lengthy prison terms.
CDL Suspension and Revocation
A commercial driver’s license (CDL) can be suspended for at least one year for a first-time DWI offense, even if the driver wasn’t on duty in a commercial vehicle. A second offense can lead to a lifetime disqualification.
Federal Disqualification Standards
Federal law mirrors state rules. Once a driver’s CDL is disqualified for a DWI, reinstatement may be limited or permanently prohibited depending on the severity of the offense.
Company Responsibility for Driver Screening
Trucking companies must follow strict hiring and monitoring standards. They must check each driver’s record, verify compliance with drug and alcohol testing, and remove drivers who test positive. Failure to do so can expose the company to direct liability.
Can I Recover Punitive Damages in a Drunk Driving Truck Accident Case?
Truck accident survivors often ask whether they can pursue additional damages beyond medical expenses and lost wages. Texas law allows punitive damages in certain cases, but they require specific proof.
What Are Punitive Damages?
Punitive damages punish extreme recklessness or intentional misconduct. They are not meant to compensate for losses but to send a message that such behavior will not be tolerated.
Texas Civil Practice and Remedies Code Requirements
Under Section 41.003 of the Texas Civil Practice and Remedies Code, a plaintiff must show by clear and convincing evidence that the defendant acted with gross negligence, malice, or fraud. Gross negligence involves conscious disregard for others’ safety.
Proving Gross Negligence
Evidence that the truck driver chose to drive after drinking, knowing the risks, can establish gross negligence. Additional proof, such as company policies ignored or prior alcohol violations, can strengthen the claim.
Caps on Punitive Damages in Texas
Texas limits punitive damages to twice the amount of economic damages plus up to $750,000 of non-economic damages. However, in cases involving egregious conduct, juries may still award substantial punitive amounts.
Who Can Be Held Liable Besides the Drunk Driver?
While the driver’s intoxication may seem like the main cause, others might share responsibility. Multiple parties can contribute to the unsafe conditions that led to the crash.
Trucking Company Negligence
A trucking company can be liable if it failed to enforce alcohol testing, ignored prior DUI offenses, or pressured drivers to meet unrealistic delivery schedules that encouraged unsafe conduct.
Negligent Hiring and Retention
Companies have a duty to screen employees carefully. Hiring or keeping a driver with a history of drinking problems or DWI convictions can show negligence in hiring or retention practices.
Dram Shop Liability in Texas
Under the Texas Dram Shop Act, a bar, restaurant, or store that served alcohol to an obviously intoxicated person who later caused a crash can share liability. These claims require evidence that the server knew or should have known the person was already impaired.
Third-Party Maintenance Providers
Sometimes, maintenance contractors or third-party service companies contribute to unsafe conditions. For example, if faulty brakes or steering contributed to the collision, they could bear part of the blame.
What Evidence Is Needed in These Cases?
Truck accident claims involving intoxication depend heavily on evidence. Preserving it early helps establish fault and strengthens the injured person’s position in negotiations or trial.
Blood Alcohol Test Results
Blood or breath test results are key in proving intoxication. These tests show the driver’s BAC at the time of arrest and confirm impairment.
Police Reports and DWI Arrests
Police reports often include officer observations, witness statements, and the results of field sobriety tests. They form the backbone of any drunk driving case.
Electronic Logging Device Data
Trucks use electronic logging devices (ELDs) to record driving hours, speeds, and rest breaks. This data can show whether the driver violated service-hour limits or appeared impaired while operating the vehicle.
Driver’s History and Personnel Files
A review of the driver’s record can reveal past alcohol-related offenses, disciplinary actions, or failed drug tests. These details help establish a pattern of unsafe behavior.
Truck Company Drug and Alcohol Testing Records
Federal law requires trucking companies to conduct random drug and alcohol tests. A lack of proper testing or missing records can demonstrate negligence in company supervision.
How Does Drunk Driving Affect My Insurance Claim?
Insurance claims involving alcohol are often more difficult because insurers know the potential for higher payouts. Adjusters may try to minimize the trucking company’s liability or delay processing.
Dealing with the Trucking Company’s Insurer
Insurance companies representing trucking firms often deploy rapid-response teams to the crash site. They gather evidence quickly, sometimes before victims can do so. An attorney can counter this by ensuring your evidence is preserved and used effectively.
Your Own Insurance Coverage Options
In Texas, drivers may have uninsured or underinsured motorist coverage that applies even when the truck driver was intoxicated. Reviewing your policy with a lawyer helps determine how this coverage might apply.
Bad Faith Insurance Practices
Sometimes, insurers act in bad faith by undervaluing legitimate claims or ignoring key evidence. When that happens, additional legal remedies may be available for unfair claim handling.
Impact on Settlement Negotiations
Evidence of intoxication often increases the value of a claim, but insurers may resist fair resolutions to limit their exposure. Building a detailed, evidence-supported case can pressure them to settle responsibly.
What Is the Timeline for Filing a Claim?
Most personal injury and wrongful death claims in Texas must be filed within two years of the crash date. Some exceptions may shorten or extend that period depending on the facts. Missing these deadlines can mean losing your right to pursue compensation.
Importance of Acting Quickly
Truck crash evidence disappears fast. Surveillance footage may be erased, and ELD data may be overwritten. Taking immediate action allows for the preservation of key evidence before it’s lost.
Tolling Provisions and Exceptions
In some cases, the clock pauses temporarily. For example, if the injured person is a minor or mentally incapacitated, the filing period might be extended.
How Our Attorneys Can Help
Truck crashes involving intoxicated drivers require quick action, detailed investigation, and experienced advocacy. At Stephens Law, we understand what victims in Fort Worth are going through and are committed to helping them pursue justice and fair compensation.
Immediate Investigation and Evidence Preservation
We send investigators to gather physical evidence, photograph the scene, and secure electronic data before it disappears. This helps build a stronger foundation for your case.
Obtaining Toxicology Reports and Police Records
Our team requests all law enforcement and toxicology records to verify intoxication and determine whether any violations of federal safety rules occurred.
Calculating Full Damages Including Punitive Awards
We carefully calculate medical costs, lost income, property damage, and potential punitive damages to ensure that every loss is documented and supported.
Negotiating with Insurance Companies
Our attorneys handle communication with insurance carriers to prevent them from taking advantage of you. We push for fair outcomes backed by solid evidence and legal support.
Trial Experience with Drunk Driving Cases
When insurers refuse to take responsibility, our trial team prepares to present the case in court. We hold negligent drivers and their employers accountable through thorough preparation and aggressive advocacy.
Frequently Asked Questions About Drunk Driving Truck Accident Claims
What if the truck driver wasn’t arrested at the scene but I suspect they were drunk?
You can still pursue a civil claim even if no arrest happened. Evidence like witness accounts, dashcam footage, or receipts showing alcohol purchases can help prove intoxication.
Can I still file a lawsuit if the driver is facing criminal charges?
Yes. A criminal case doesn’t replace your right to seek damages in a civil claim. In fact, a criminal conviction can support your civil case by confirming the driver’s unlawful behavior.
How long does it take to get toxicology results in a truck accident case?
Toxicology results may take a few weeks, depending on lab backlogs and testing complexity. Your lawyer can request updates from law enforcement to ensure those records are preserved.
What if the trucking company claims they didn’t know the driver had a drinking problem?
That defense may not protect them if they failed to conduct proper background checks or ignored warning signs. A review of the driver’s employment file often reveals whether the company exercised reasonable care.
Will my case automatically be worth more because the driver was drunk?
Not automatically. However, evidence of intoxication can increase potential damages, especially if punitive damages apply. The strength of your case depends on how well the evidence supports liability and losses.
Contact Our Texas Drunk Driving Truck Accident Lawyers Now
Personal injury claims in Texas are time-sensitive, and evidence from drunk driving truck accidents disappears quickly. The sooner you act, the stronger your case can become.
At Stephens Law, we’ve helped many individuals and families in Fort Worth seek justice against reckless and intoxicated truck drivers. Our team investigates every angle, deals with insurers, and fights for fair compensation on your behalf.
Reach out for a free, no-obligation consultation to discuss your rights and options today.
