Truckers create unique hazards on the road. Tractor-trailers are long, heavy, and often carry hazardous materials. This is a big reason why truck accidents caused by a drunk truck driver are so infuriating. Drunk driving becomes especially unacceptable when the driver is operating a vehicle capable of great destruction, like a large truck.
Thankfully, the law recognizes these dangers. Federal trucking regulations and New York’s state laws define driving while intoxicated for commercial drivers as having a point-zero-four percent blood alcohol content level, which is stricter than the rule for non-commercial drivers.
WHY YOU NEED AN ATTORNEY
Drivers should know that lawsuits are complicated and will almost always require a qualified attorney. First, lawsuits require significant legal expertise. For example, not everyone can file a personal injury lawsuit. New York’s no-fault system makes no-fault insurance benefits an insured New York driver’ first option for compensation. Drivers that want to go the lawsuit route have to satisfy certain criteria under a legal threshold. An attorney will evaluate whether a driver can file a lawsuit and may have to defend this right. In the case Pyeun versus Woo, for example, Ms. Pyeun’s attorney had to submit medical reports to the court to prove her injuries were serious enough to satisfy the threshold after Mr. Woo, the drunk truck driver who hit her, claimed she was not eligible to file.
Cases are also frequently won and lost on procedural technicalities like filing the wrong form or submitting something late. An attorney helps with navigating the complex legal system.
Proving another caused an accident can also be tricky. In cases with drunk truck drivers, there’s often a lot of great evidence available, such as:
- Blood alcohol test results
- Medical records
- A criminal DWI conviction, if there is one
But this is just a starting point. These cases can require more specialized evidence like expert testimony or vehicle damage analysis. Maybe you can’t prove the driver was drunk, but their drunkenness caused them to veer into your lane and hit your vehicle. Well, evidence that they veered into your lane might support an alternative theory that the driver was at-fault for driving carelessly. Gathering all this evidence isn’t easy for the average person who doesn’t have the experience and resources of an attorney.
And evidence alone isn’t enough. A judge or jury still has to be convinced the driver was drunk and that their drunkenness caused the accident. When evidence is sparse, an attorney must come up with back-up arguments or alternative theories to give a client the best chance at recovering compensation.
Finally, most cases don’t even end up at trial. They are resolved in a boardroom, with attorneys negotiating a settlement. Most ordinary people don’t fare well in negotiations with seasoned attorneys.
Fortunately, the experienced personal injury attorneys at Rosenblum Law have all this expertise and more. We don’t stop until our clients receive the compensation they justly deserve. If you or a loved one has been involved in a truck accident caused by drunk driving, contact Rosenblum Law today for a free, no-obligation consultation.