Will OWI impact liability in the event of a fatal tractor trailer accident near Fort Wayne, Indiana?

If a prior OWI caused death or serious bodily harm, a second OWI is subject to a fine of up to $10,000 and a jail term of one to six years. The same applies if it is the second OWI that caused death or injury.


A New York truck driver is facing a drug-related charge after a crash involving six vehicles on Indiana’s toll road killed two people and injured five others. The 26-year-old driver was arrested for possession of marijuana following the June 1 crash. Commercial motor vehicles, including tractor-trailers, have significant impacts on the safety of Indiana’s roads, as they travel more than 9.5 billion miles per year. Driver error or blind disregard for the safety of other road users can be proven in court and weigh in favor of accident victims or surviving loved ones who have suffered a loss due to a semi-trailer accident. trailer. A Fort Wayne accident attorney can help you with insurance claims or wrongful death lawsuits after an accident has caused catastrophic damage and injury.

Professional Truck Drivers

Truck drivers must undergo specialized training due to the difficult handling and specialized mechanisms in large trucks and tankers, and many businesses and insurance companies require a commercial driver’s license (CDL) for employment and insurance coverage. Professional truckers can have their livelihoods destroyed based on one reckless decision resulting in a lifetime of negative repercussions affecting their freedom from jail and financial ruin. Drivers who have been arrested on criminal charges after a truck accident should speak with an experienced attorney in Fort Wayne Indiana to determine how fault will be decided if an OWI is proven.

First time offenders

Drivers convicted of OWI by a court in Fort Wayne Indiana for “impaired driving” identifying motorists who illegally operate their vehicle under the influence of drugs or alcohol and who have been arrested may face the following penalties for a first offence:

  • Legal fees and costs at a minimum of $300,
  • Maximum fines of $5,000,
  • maximum prison sentence of 1 year,
  • Alcohol And Drug Screening,
  • Two-year license suspension
  • Compulsory participation in a substance abuse education course and victim assessment panel.

The penalty is a fine of up to $10,000 and imprisonment for six months to two and a half years if any of the following apply to the OWI.

  • A non-adult passenger is in the vehicle. That is, a person under the age of 18.
  • It causes serious bodily harm.
  • The OWI is the second in five years.
  • He causes the death of a law enforcement animal.

If a prior OWI caused death or serious bodily harm, a second OWI is subject to a fine of up to $10,000 and a jail term of one to six years. The same applies if it is the second OWI that caused death or injury.

Insurance

Graphic of an African American man in a suit with his arms crossed standing near a desk with a hammer resting on it. The scales of justice hang on the wall behind the desk. Graphic by Mohamed Hassan, via pxhere.com, public domain CC0.

Indiana is a “at-fault” state when it comes to auto accidents, and requires drivers to carry a minimum amount of auto insurance for property damage and liability. Accident victims have the right to pursue a bodily injury or property damage claim against an at-fault driver. This is called filing a “third party” application. The state of Indiana follows the Modified Comparative Negligence Rule, under which an individual recovers damages if they are 50% or less at fault for an accident.

Liability for truck accidents involving multiple vehicles

A Fort Wayne truck accident attorney can help identify potential defendants after a multi-vehicle tractor-trailer accident if OWI’s criminal offense is not believed to be the reason for the accident and other parties may include truck owner, trucking company, freight shippers. , or truck manufacturers.

Seek legal advice

When accidental injury, property damage, and/or loss of life occurs from a large rig accident, an accident victim will need to hire an experienced truck accident attorney who knows the standards industry and federal and state regulatory laws to investigate and prove liability. for the accident.

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