Driving a truck requires intense concentration at all times. For this reason, drunk driving (or driving while intoxicated) is unacceptable. While no one should get behind the wheel after drinking or using illegal drugs, driving a truck while under the influence is especially dangerous because of the size of the vehicle involved.
If you have been involved in a tractor-trailer crash in New Jersey or New York, drunk driving or drugged driving may have been a factor. It’s important to get legal help right away. You need to begin investigation of the wreck immediately. Contact Davis, Saperstein & Salomon, P.C. We can provide a free initial consultation. Simply call 1-800-LAW-2000 or contact us online today.
New Jersey and New York never tolerate drunk or intoxicated driving. Restrictions are even tighter on commercial drivers such as truck drivers and bus operators. Specifically, the law establishes an even lower blood alcohol concentration limit for commercial drivers than it does for regular drivers.
New Jersey law prohibits a truck driver from operating his vehicle with a blood alcohol concentration (BAC) of 0.04 percent or more or while under the influence of a controlled substance. New York law also limits commercial drivers to a blood alcohol concentration of .04 percent or higher. For non-commercial vehicle drivers in both states, the legal intoxication limit is .08 percent and above.
Not every intoxicated driver is an alcoholic. Some truck drivers are simply on prescription medications that make them drowsy. Prescriptions can lead to slower reflex times, which in turn can lead to truck accidents.
Drivers are professionals. They are expected to know better than to be on the road when their judgment is impaired or their reaction times are slowed due to alcohol or drugs.
Truck accidents can be incredibly dangerous. Unfortunately, they are often deadly. If you have been hurt by a drunken or drug-impaired truck driver, the attorneys at Davis, Saperstein & Salomon, P.C., will go after the driver to seek justice for you.
In some cases, it may also be possible to recover punitive damages from the trucking company that sent the driver out on the road. In some situations, the Dram Shop laws of New Jersey and New York may allow recovery against the bar or other establishment that served the truck driver.
Occasionally, it may even be possible to recover against a friend that provided alcohol to a driver in that friend’s home under New Jersey’s social host laws. In New York, this law generally only applies in cases where alcohol has been provided to a minor.
If you have been hurt in an accident with a drunken truck driver, it is important to preserve as much evidence as possible. A lawyer will send the trucking company a demand for preservation and production of evidence. This will require them to preserve and produce many records such as drug and alcohol testing records, hiring records, employee background checks, witness statements, records of communication with the driver as well as many other relevant documents.
Courts may award punitive damages in drunk truck driving cases. In fact, there is no limit on punitive damages when a driver is intoxicated.
Learn more about your rights and legal options by calling Davis, Saperstein & Salomon, P.C., today at 1-800-LAW-2000 or completing our online contact form. Our initial consultations are free.