Impaired Truck Accident

Have you suffered injuries in a drunk truck driver accident in New York City? If so, you might be concerned about your health, mounting medical bills, and lost wages. You should know that you could be eligible for compensation if you were not responsible for the crash.

At The Perecman Firm, our attorneys have secured more than half a billion dollars for our clients over the last 40-plus years. We are ready to investigate the circumstances of the accident that injured you and identify all possible sources of compensation, then vigorously pursue the full recovery you deserve.

To learn more about your legal options, contact our NYC alcohol-related truck accident lawyers today for a free consultation.

Legal Limits for Commercial Truck Drivers in NYC

Every state has legal blood alcohol concentration (BAC) limits for motorists. A person’s BAC refers to the quantity of alcohol in their bloodstream. As a person’s BAC increases, they become more impaired by the intoxicating effects of alcohol. In New York, the legal BAC limit is 0.08 percent, at which point people tend to experience decreased muscle coordination, slowed reaction time, and a lack of judgment.

Although the legal limit for most drivers is a BAC of 0.08, alcohol-related accidents can and do occur when drivers are below this limit. Because commercial truck accidents are often devastating, the Federal Motor Carrier Safety Administration (FMCSA) imposes a commercial driver BAC limit of 0.04 percent – half the standard BAC limit in New York. Commercial drivers who exceed the 0.04 BAC limit may face serious legal consequences and be liable for alcohol-related traffic accidents.

Who Can Be Held Liable for a Drunk Driving Truck Crash?

Depending on the circumstances, any of the following parties might be liable for injuries from an NYC drunk driving truck accident:

• The truck driver – A truck driver who drinks and drives will likely be liable for causing a crash due to their intoxication.
• The trucking company – The trucking company that employs the driver could be liable if it fails to properly screen or train its drivers. If the driver was an employee (not an independent contractor), the trucking company could be held vicariously liable for the trucker’s negligence.
• An alcohol vendor – New York law allows drunk driving accident victims to file claims against alcohol vendors who unlawfully sell alcohol to truck drivers who cause drunk driving crashes. For this type of dram shop liability case, the plaintiff must prove that the vendor unlawfully sold alcohol to a driver who was not of legal drinking age or was already visibly intoxicated at the time of service.
• A social host – Similarly, you might have a claim against a social host who provides alcohol to an underage person who causes an accident. Remember that social hosts are only liable for injuries from crashes that occur because they provided alcohol to underage guests, not guests of legal drinking age.
• Another road user – Another road user, such as another motorist or a pedestrian, could be liable if their reckless, negligent, or intentional behavior somehow contributes to the truck accident.

What Damages May Be Available for a Drunk Driving Truck Accident

If you get hurt in a drunk driving accident involving a commercial truck driver, you could recover compensation for the following losses:

• Hospital bills and other medical expenses you incur for the treatment of your crash injuries, including costs of diagnostic tests, prescriptions, and surgeries
• Lost income from any time you miss at work due to your injuries
• Projected losses in your future earning potential, if your crash-related injuries cause long-term or permanent health impairments
• Subjective losses, such as crash-related pain, suffering, and lost quality of life
• Incidental, out-of-pocket expenses you incur as a result of your injuries, such as the costs of traveling to and from accident-related doctor’s appointments

Wrongful Death Claims in NYC Truck Accidents with Impaired Drivers

If someone you love died in a fatal NYC truck accident involving an alcohol-impaired driver, you could have grounds for a wrongful death claim. Under New York law, a wrongful death occurs when a person dies due to someone’s “wrongful act, neglect, or default.” Grounds for a wrongful death claim exist whenever the fatally injured person would have had grounds for a personal injury claim had they survived.

Only the personal representative of a wrongful death victim can file a wrongful death lawsuit in New York’s civil court system. In many cases, the personal representative is the executor that the deceased nominated in their will. The court can appoint an executor if the deceased did not leave behind a valid will or the nominated executor cannot or will not fulfill their duties as personal representative.

Remember that you have only two years from the date of your loved one’s death to file a wrongful death claim in New York. If you attempt to sue after the two-year deadline has passed, the court will most likely dismiss your case, and you will lose your right to pursue compensation in civil court. Our knowledgeable NYC injury lawyers can help you identify critical legal deadlines and keep your case on track.

Why You Need Our Lawyers After a Crash with an Impaired Trucker

If you were involved in a crash with an impaired truck driver, you deserve compassionate, effective legal representation from The Perecman Firm Our dedicated attorneys have more than 40 years of experience helping injured New Yorkers like you pursue the compensation they need after devastating accidents.

When you hire our firm, you can count on our team to answer your questions, build a solid case, and help you navigate the legal system. You can relax and focus on healing while we do the legal work to pursue maximum compensation for you. We have recovered more than half a billion dollars in verdicts and settlements for our deserving clients throughout NYC. Let us use our experience, resources, and knowledge for your benefit.

Contact Our NYC Drunk Truck Driver Accident Lawyers

If you were injured in an accident caused by a drunk truck driver, the team at The Perecman Firm, wants to help you seek the compensation you deserve. Contact our NYC drunk truck driver accident lawyers today for a free initial consultation.