In 2016, New York State reported 283 alcohol-impaired driving fatalities and 5,857 personal injuries. Driving under the influence (DUI) and driving while intoxicated (DWI) are illegal in New York, yet thousands of drunk drivers get behind the wheel every year. When the drunk driver is a commercial vehicle operator, a crash can be even more catastrophic. If you suffered injuries or a loved one died in a DUI truck driver accident in NYC, contact us to discuss your case.
Commercial truck DUI accidents involve state and federal laws. The Federal Motor Carrier Safety Administration upholds national rules for truck driver recruitment and training, drug and alcohol testing, and safe driving. The state of New York has its own DUI rules, prohibiting commercial drivers to operate vehicles with blood alcohol concentration (BAC) levels of 0.04% or higher. That is half the legal BAC for non-commercial drivers in New York. Driving under the influence of any impairing substance, including prescription medications, is also against the law.
As the victim of a DUI truck driver collision, you may have to navigate federal and state laws in the pursuit of fair compensation. You may also face a claim against the trucking company’s insurance provider, during which the insurer will likely try to take advantage of you – especially if you do not have a lawyer. Hiring an attorney can make the claims process much easier on you and your family. Your lawyer can handle complex legal matters while you focus on recovering.
Drunk and drugged driving accidents are often catastrophic for the victims involved. The same is true for commercial truck accidents, in which the large size and heavy weight of the big rig contributes to the severity of the collision. Combining DUI with a commercial vehicle means a higher rate of fatalities. Personal injuries can vary and are often catastrophic. The following are some of the most common.
Many DUI truck accident victims never fully recover. After a serious DUI accident, the truck driver could be liable for damages. Most commonly, the trucking company is vicariously liable for the misconduct of its driver, even if the driver was an independent contractor. It may take a personal injury claim against the company to obtain fair financial recovery as a victim.
Although New York is a no-fault car insurance state, crash victims have the right to file personal injury lawsuits if they suffer serious injuries. These include injuries that cause permanent disfigurement, dismemberment, disability, or death. To qualify for compensation, however, the victim will have to prove the defendant’s negligence. This takes four main elements.
As a plaintiff in a DUI truck driver claim, you or your attorney will need evidence that the truck driver was driving under the influence, caused your car accident, and that you suffered damages as a result. This may take an investigation of your crash, evidence gathering, eyewitness interviews, and other steps your attorney can assist you with.
If a DUI truck driver caused you or your family member significant personal injuries in New York City, contact us to request a free consultation. We have experience representing these complex types of injury and wrongful death claims. Call (212) 732-9000 anytime to schedule your meeting.