Drunk driving is incredibly dangerous and plays a factor in a high percentage of all automobile accidents. When the driver of a large truck is the one who has been drinking, the risk to others on the road is significantly higher. If you’ve been injured, talk to our Yonkers truck drunk driving accidents victim attorneys.
At the Morelli Law Firm, we have seen the devastation that can result from a drunk truck driving accident. We know the lifelong consequences many victims face. It’s important to have an experienced attorney by your side to ensure that you get the compensation you deserve.
Liability in a Drunk Truck Driver Accident
The first thing that must be established before filing a lawsuit is determining who the liable parties are. In most truck accident cases, it can be difficult to determine who is at fault. When the driver of the truck has been drinking, however, it tends to be much easier.
While the drunk truck driver is the party primarily responsible in these cases, the company that employs them may share a level of responsibility as well. If a trucking company was negligent in their hiring practices and employed a driver with a history of drunk driving, they may be liable for an accident as well.
A Higher Standard of Safety for Truck Drivers
Truck drivers and the companies they work for are held to a higher standard in terms of safe driving practices than the general public.
In addition to drivers of large trucks needing to obtain commercial driver’s licenses (CDL) and follow hours of service regulations, they also have a lower limit when it comes to their blood alcohol concentration (BAC) before they can be charged with driving under the influence (DUI).
For most drivers, the legal limit for BAC is 0.08%. However, for drivers of trucks requiring a CDL, that limit drops to 0.04%. Because of the weight and limited maneuvering capabilities of these vehicles, drivers need to be more vigilant. There is far less room for error in the operation of these vehicles.
Yonkers Drunk Driving Truck Accident Victim Lawyer Near Me 877-751-9800
Steps a Drunk Truck Driver Accident Victim Lawyer in Yonkers Will Take
Once a lawyer has been hired to represent a victim of a drunk truck driver accident, one of the first steps they will take is to begin an investigation into the accident. The aim of the investigation will be to determine all liable parties and gather evidence in support of your case. Some of the steps your attorney is likely to take include:
- Visiting the scene of the accident
- Interviewing witnesses
- Consulting with experts
- Looking into the hiring and operational practices of the trucking company
- Reviewing the official accident report
Your drunk truck driving accidents victim attorney in Yonkers will use this information, as well as your medical records relating to the accident, to assess your total damages and calculate the full value of your claim.
Once the investigation is over, your lawyer will prepare and file your lawsuit. Then, they will go through all the pre-trial procedures before finally arguing your case in court, if necessary.
Meanwhile, your lawyer will be engaging in negotiations with the opposition in an attempt to reach a fair settlement agreement. They will be in constant contact with you, keeping you updated on the progress of your case and advising you regarding any settlement offers that come in.
Damages You Can Seek After a DUI Truck Accident in Yonkers
You may be eligible to recover compensation for a wide range of damages after a truck accident, depending on the particulars of your case. Some of the most commonly sought damages include:
- Medical costs
- Lost income
- Diminished earning potential
- Property damage
- Diminished quality of life
- Pain and suffering
- Mental anguish
- Wrongful death
These compensation claims are sorted between economic and non-economic damages.
Economic damages are the costs you suffer that have an easily identifiable monetary value. Medical costs, lost income, and property damage are all forms of economic damages, as they have a clear price tag. Diminished earning potential may be more difficult to calculate.
However, it is still an economic cost directly related to the amount of money you stand to lose if unable to return to work.
Non-economic damages are far more complicated to assess because these are the things that money cannot make right. When your quality of life is diminished due to a permanent disability, there is no amount of money that can make that right.
That’s why the amount awarded for non-economic damages tends to be so high. Money is awarded, to make up for something priceless.
How Much Does a Yonkers Drunk Truck Driver Accident Victim Lawyer Charge?
One of the biggest concerns that people tend to have when it comes to hiring an attorney is the cost. Fortunately, when it comes to a personal injury lawyer, cost should never be an issue. Reputable personal injury attorneys all work on a contingency fee basis. That means that you only have to pay your attorney if you receive compensation.
Of course, if you do get paid, you will have to pay your attorney once you receive compensation. The amount you pay will be a percentage of your payout, which you and your lawyer will agree upon during your initial case evaluation.
Because of the payment structure set up by the contingency fee, clients can feel confident that their attorneys will do everything they can to get a win. Not only will your attorney work hard to ensure that you get paid, but they will attempt to get you a hefty sum.
Accident victims who hire a Yonkers truck drunk driving attorney tend to take home significantly larger payments than those who attempt to represent themselves.
How Much Time Do You Have to File a Lawsuit in New York?
In the state of New York, the statute of limitations for filing a personal injury lawsuit is typically three years. However, there are some specific situations in which that timeframe can be reduced.
Most of the time, when it comes to accident cases, it is advisable to file a lawsuit as soon as possible. However, when it comes to cases involving drunk driving, it can sometimes be better to wait for the criminal trial to conclude first. You can use a guilty plea or guilty verdict as evidence in a civil lawsuit.
Talk to a drunk truck driver accident victim lawyer in Yonkers to discuss the best time to file your case.
Should I Accept a Settlement or Go to Court for a DUI Truck Accident?
Most personal injury cases are settled out of court. This method is preferred by the majority of people, because it is quicker, and both sides are able to avoid the uncertainty that comes with a courtroom trial.
However, sometimes going to trial is the only way to get fair compensation for your injuries. It is always important to be prepared and willing to take your case into the courtroom if the other side is unwilling to agree to a fair deal.
Choosing a DUI Truck Accident Victim Lawyer in Yonkers, NY
One of the best things you can do to protect yourself after an accident is to hire an experienced Yonkers drunk truck driver accident victim attorney. The team at the Morelli Law Firm has plenty of experience helping clients get their lives back on track after suffering devastating injuries.
Contact us today by filling out our easy online contact form or giving us a call. You can schedule a free, no-obligation case evaluation with a legal professional. Our legal team will use the full strength of our resources to help get you the compensation you deserve.