Driving under the influence (DUI) is a serious crime that can have deadly consequences. When a drunk driver is operating a large truck, the risks to other motorists greatly increase. While a drunk truck driver will face criminal charges, victims can file a civil lawsuit to recover compensation for their injuries.
At the Morelli Law Firm, we have a history of representing accident victims of drunk truck drivers. Our Albany truck drunk driving accidents victim attorneys know the challenges they often face and how important it is for victims to receive fair compensation so they can move on after an accident.
Determining Liability in a Drunk Truck Driving Accident Case
In many truck accident cases, determining liability can be a challenge. However, it is typically pretty straightforward when the truck driver was driving while intoxicated. In these cases, the driver of the truck is clearly liable for the damages they have caused.
When a truck driver operates their vehicle under the influence of alcohol, they may not be the only party liable in the event of a crash. The trucking company may also hold a degree of liability if they failed to properly screen a driver who had a history of drunk driving.
Drunk Driving Is a Criminal Offense in New York
If a truck driver involved in an accident is found to have been operating their vehicle under the influence of drugs or alcohol, they are subject to criminal charges. They will have to face their day in court, which could result in heavy fines and jail time.
However, if their criminal behavior resulted in an accident, it is important that accident victims also file a lawsuit against the driver. By doing so, they will have the opportunity to recover compensation for the damages they have suffered.
If the criminal court has found the drunk truck driver guilty, or they have pled guilty to the charges against them, the verdict can be used as evidence in a civil lawsuit.
Albany Drunk Driving Truck Accident Victim Lawyer Near Me 877-751-9800
What a Drunk Truck Driver Accident Victims Lawyer in Albany Does
When you hire an attorney, they will immediately begin an investigation into your case. The goal of the investigation will be to determine liability and gather evidence to strengthen your case. Some common steps that a personal injury lawyer will take in a case involving a drunk truck driver include:
- Visiting the accident scene
- Speaking with witnesses
- Consulting experts
- Reviewing the hiring practices of the trucking company
- Obtaining a copy of the police report
- Reviewing your medical records in relation to any injuries you have sustained as a result of the crash
Your lawyer will then assess the full extent of the damages you have suffered and calculate the value of your claim. After that, your attorney will prepare your lawsuit and file it with the courts. The next steps will be to go through the pre-trial process, and then, if necessary, your attorney will fight your case in the courtroom.
While doing all that, your drunk truck driving accidents victim attorney in Albany will also be in continued negotiations with the opposition in an attempt to get you a fair settlement agreement. Meanwhile, your attorney will be keeping you updated on the entire process and advise you in regards to any settlement offers received.
Damages You Can Claim After a Drunk Truck Driver Accident in Albany
There are many damages for which you could be eligible to receive compensation after an DUI truck accident in Albany. Some of the most common damages accident victims claim are:
- Medical expenses
- Lost wages
- Diminished earning capacity
- Property damage
- Pain and suffering
- Diminished quality of life
- Mental anguish
- Wrongful death
All of these can generally be split into either economic or non-economic damages.
Economic damages are more straightforward and deal with things that have a direct monetary value. Medical expenses, lost wages, and property damage can all be calculated easily. Things get a bit trickier when dealing with potential future medical expenses and a diminished earning capacity. However, there are still formulas for calculating these damages fairly accurately.
Non-economic damages are far more difficult to properly evaluate because they cover things that no amount of money can make right. Lost companionship from the death of a loved one is not something that money can fix. However, money is the best form of compensation our court system is able to offer in these situations.
Because these damages are awarded to compensate for something which cannot be truly replaced, the amount of money awarded for non-economic damages can be quite high. These damages generally make up the biggest part of any settlement payment.
The Cost of Hiring an Albany Drunk Truck Driver Accident Victims Lawyer
When faced with a pile of medical bills, repair costs, and an injury that is keeping you from working, it is nice to know that you won’t have to pay a penny out of pocket to hire a personal injury lawyer. Our lawyers work on a contingency fee basis. That means that they don’t collect any payment from you unless you receive compensation.
Assuming you win your case, you will eventually have to pay your attorney. However, that money will be in the form of a percentage of your settlement agreement. The exact figure will be settled upon in your initial case evaluation.
With this payment structure, you can feel confident that your lawyer will do everything within their power to win your case. They will not only work to ensure that you receive compensation but to make sure you receive as much money as possible.
Generally, those who hire an Albany drunk truck driving accidents victim attorney take home far more money than those who attempt to go it alone. That is true even after the attorney’s fee has been deducted.
How Long Is the Window for Filing a Lawsuit in Albany, NY?
After an accident, victims generally have three years to file a lawsuit in the state of New York. After that, they are out of luck. However, it is important to be aware of the fact that there are certain situations in which you may have much less time to file.
In most accident cases, you want to get started filing a lawsuit as soon as possible after an accident. This is because evidence can become lost or corrupted over time, and the memory of witnesses gets murkier with each passing day. In cases involving drunk driving, though, it might be advisable to wait for the criminal trial to conclude before filing a lawsuit.
The best way to decide when to file is by talking to an experienced attorney. They can review the specifics of your case and let you know the pros and cons regarding the different points at which you could file.
Taking a Settlement or Going to Court for a Drunk Truck Driving Crash
Deciding whether to take a settlement offer or pursue a favorable ruling in court can be a difficult decision to make. The majority of these cases settle out of court because it is quicker, and you don’t have to deal with the uncertainty that comes with a courtroom trial.
However, if your truck drunk driving accidents victim attorney in Albany is unable to get the opposition to agree to a fair compensation offer, going to court could be your best option. Whether you want to go to court or not, you should always be willing and prepared to do so. This will keep the pressure on for the other side to agree to a fair deal.
Hiring a DUI Truck Accident Victims Lawyer in Albany, NY
When hiring an Albany drunk truck driver accident victims’ lawyer, it is important to find someone you can trust. At the Morelli Law Firm, we have a proven track record of getting fair compensation for accident victims.
Get in touch with our team today by giving us a call or filling out our online contact form. You can schedule a free, no-obligation consultation with one of our personal injury lawyers. We will do everything we can to make sure you get the money that you deserve.