Drunk Driving Truck Accidents

The law recognizes the potential danger of operating a commercial vehicle such as a tractor-trailer or box truck and further requires professional truck drivers to take a special driver’s test to obtain a commercial driver’s license, or what is commonly called a “CDL.”  Drivers sharing the roadway with truckers have a right to expect truck drivers to drive responsibly and carefully, without ever considering that the driver had a drink, much less is legally drunk.

If you’ve been a victim of a drunk trucker you’ve come to the right place.  If you’ve been injured you have a right not only to be angry about the situation, but you should also know that you have a right to sue the trucker, the employer, and possibly the bar that caused the driver to be an intoxicated driver.  The same right to sue for your losses applies to drunk bus drivers as well.

Davis, Saperstein & Salomon, P.C. has a history of holding drunk drivers accountable for the harm and losses caused by their illegal and reckless conduct.  Partner Steven Benvenisti was injured at the hands of a second-offender drunk driver at age 21 while crossing a street on spring break, causing him to be on life support for 10 days, undergo 15 surgeries, and be bound to a wheelchair for six months. Having made a full recovery, he became an expert in suing drunk drivers and holding those who excessively served alcohol to them accountable.  He also became Co-Chairman of Mothers Against Drunk Driving, nationally and for the states of New Jersey and New York; and he further has been an advocate for victims calling for tougher drunk driving laws.

Victims of truck accidents, especially those caused by drunk drivers, deserve a law firm with a proven track record of holding negligent truck drivers responsible, as well as their employers, dispatchers, and other potential defendants.  Victims of their gross negligence need guidance about medical treatment, medical bills, lost wages as well as their legal options, including filing a lawsuit and suing for money damages.

Understandably, the trucking industry is crucial to our way of life. Heavy vehicles like tractor-trailers, box trucks, and vans deliver essential goods and services throughout the country. We put a lot of trust in these companies to make safe driving decisions on the road: keep an eye on traffic, ensure the vehicle is well-maintained, and abstain from using intoxicating substances while on the road. When truck drivers make the illegal and negligent choice to drive drunk, they can cause devastating harm.

Under the laws of all states, truck drivers must adhere to strict laws, including prohibitions about driving while intoxicated. They could be liable for injuries and other damages from crashes when they break these state truck laws.

If you’re looking for experienced counsel to sue a truck driver and get help after a drunk-driving truck accident, you’ve come to the right place.

Why Choose Our Truck Accident Attorneys?

For more than 40 years, the truck accident attorneys at Davis, Saperstein & Salomon, P.C. have been helping the injured in New York and New Jersey. We’ve assisted over 35,000 individuals and families and won over $1 billion in successful verdicts and settlements. This includes those who were devastated by truck accidents and drunk driving crashes. Some examples include:

• $20.4 million judgment for a young woman involved in a car accident caused by a drunk driver who ran a red light. The accident caused a traumatic brain injury and a six-month coma. We successfully argued that the driver and the nightclub that served him were liable.
• $2.3 million settlement for a tractor-trailer driver who was rear-ended by another tractor-trailer, forcing him into the car carrier in front of him. We sued the rear-ending truck driver for his negligent failure to operate his trailer safely.
• $1.1 million settlement for an elderly couple whose RV was hit by an 18-wheeler, causing serious injuries. We argued that the truck driver was negligent when hitting the RV.

The partners and lawyers at DSS know how to win these cases. If the semi-truck driver made negligent choices that caused the accident, we can investigate what happened and prove that others were liable for your injuries. To learn more about how we will help you and your family after a drunk-driving truck accident, contact our firm to schedule a case review. The consultation is free, and we don’t get paid until and unless we win money for you.

We will meet with you in whatever way is most convenient for you. We can discuss your case at one of our offices or virtually via FaceTime or Zoom. We have Spanish speakers on-site and offer translation services for many other languages, including Korean, Albanian, Polish, Italian, Portuguese, and more. Contact us today to get started.

Drunk Driving Laws Stricter for Truck Drivers / Commercial Motor Vehicle Operators

Neither New Jersey nor New York 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 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.

What To Do After a Semi-Truck Accident

Were you in a motor vehicle accident with a commercial truck and suspect the truck driver may have been under the influence of alcohol? If so, you must protect your legal rights to hold the truck driver and their trucking company accountable for your injuries. Here is what you should do after a semi-truck accident in New Jersey:

• Call the Police, especially if you suspect the truck driver may be drunk. Do not attempt to confront the truck driver; instead, let the police investigate and determine if the driver may have operated their vehicle under the influence of alcohol.
• Seek prompt medical attention to identify injuries suffered in the crash and to begin treatment. Do not put off treating your injuries; an at-fault truck driver and trucking company may use the delay in treatment to argue that you failed to mitigate your losses.
• Report the crash to your auto insurance provider, it is best to only give the insurers a recorded statement once you have consulted with a personal injury attorney.
• Keep copies of bills, invoices, and receipts of expenses you incur due to the accident. If you miss time from work or suffer a reduction in earnings, gather copies of your pay stub or income statements to help calculate your lost income.
• Avoid discussing the accident on social media or posting photos or videos of yourself while undergoing injury treatment or rehabilitation. Any negative remarks about the truck driver or trucking company may hurt your credibility in your accident claim. Furthermore, social media posts that show you engaging in activities while you’ve claimed an inability to work or perform daily tasks may ruin your injury claim.

Finally, contact a drunk driving attorney who is also a specialist in truck accident claims from Davis, Saperstein & Salomon, P.C., as soon as possible to begin your truck accident claim.

New Jersey Drunk Driving Laws

As we said, New Jersey’s drunk driving laws prohibit drivers 21 and older from operating a motor vehicle with a blood alcohol content (BAC) of 0.08 percent or more. New Jersey also has a zero-tolerance rule for drivers under 21, making it illegal for these drivers to operate a motor vehicle with any detectable alcohol in their system. However, a driver over 21 can be charged with drunk driving, even if they are below the 0.08 percent BAC limit, if the evidence proves that their intoxication has caused them to be unable to operate their vehicle safely.

Penalties for drunk driving in New Jersey vary based on the amount of alcohol a driver has in their system and the number of prior DWI convictions the driver has. A conviction may result in penalties, including fines, jail time, driver’s license suspension, requirements to install ignition interlock devices in one’s vehicles, obligation to attend classes at the Intoxicated Driver Resource Center, and annual insurance surcharges.

Are New Jersey’s Drunk Driving Laws Different for Truck Drivers?

Truck driver DUI laws are different than the laws for regular vehicle drivers. New Jersey law makes it illegal for truck drivers and other operators of commercial vehicles to have a BAC (blood alcohol content) of 0.04 percent or more while operating a truck or another commercial vehicle. The standard drunk driving laws with the 0.08 percent BAC limit apply when a truck driver operates a personal, non-commercial vehicle.

Penalties for Drunk Commercial Vehicle Drivers

A truck driver convicted of DWI will receive a three-to-12-month license suspension and a one-year suspension of commercial driving privileges for a first-time conviction, while a second or subsequent conviction results in a two-year driver’s license suspension and the permanent revocation of the ability to operate a commercial vehicle. These license suspensions are in addition to the standard penalties applicable for a DWI conviction in New Jersey, regardless of whether a truck driver operated their commercial vehicle or a personal, non-commercial vehicle. If the truck had a prior conviction you may have a claim against their employer for negligent hiring and negligent entrustment of a tractor trailer or truck.

How to Prove the Truck Driver Was Drunk

After a truck crash, the police may require the truck driver to undergo a breathalyzer or blood alcohol test, particularly when the accident results in injuries or fatalities. The truck driver’s breath or blood test results can prove that the driver operated their vehicle under the influence of alcohol or other drugs. However, if the truck driver refuses to take a breath or blood test, you can rely on other evidence to prove that the driver caused the accident due to alcohol intoxication, such as:

• Accident scene photos and videos that show open alcohol containers in the truck cab
• Surveillance footage of the truck driver consuming alcohol before the crash
• Surveillance, traffic camera, or dashcam footage of erratic driving by the truck driver, such as inability to stay in the lane, drifting over the center or fog line, or difficulty keeping pace with traffic
• Eyewitness testimony regarding the truck driver’s behavior, appearance, or driving behavior suggesting alcohol intoxication, such as the driver’s slurred speech, glassy eyes, difficulty maintaining balance, or slow reactions
• The truck’s event data recorder (“black box”) logs that show erratic driving behavior by the truck driver
• Testimony from police officers who performed field sobriety tests on the truck driver

Remember that unlike a criminal prosecution for DWI that requires the state to prove beyond a reasonable doubt that the truck driver operated their vehicle under the influence of alcohol, a truck accident lawsuit in civil court only requires a plaintiff to prove that, more likely than not, the truck driver drove their truck while intoxicated to the point they could no longer safely operate their vehicle.

Money Damages Available After a NJ Drunk Truck Driving Accident Claim

If you’ve suffered injuries in a truck accident caused by a drunk truck driver, you have the right to pursue financial relief for losses you incurred due to the accident. Let Davis, Saperstein & Salomon, P.C., be your lawyers and the drunk truck drivers to secure money for:

• Your injuries, including temporary and permanent injuries
• Medical treatment and rehabilitation of injuries you suffered in the crash, including emergency medical treatment, hospitalizations, surgeries, prescription medications, pain management care, doctor’s appointments, or physical or occupational therapy
• Long-term care and support services you may need if you suffer disabilities due to your injuries, including home health services, housekeeping, home maintenance, purchases of medical or mobility equipment, or installation of disability accommodations
• Loss of wages or income from missed work or if you experience reduced earnings after temporarily transferring to a lower-paying part-time or light-duty position while recovering from injuries
• Loss of future earning capacity and employment benefits if you develop a disability that prevents you from returning to work or being gainfully employed
• Physical pain and anguish
• Emotional trauma and distress caused by the accident, your injuries, and subsequent medical treatment
• Loss of enjoyment or quality of life caused by physical disabilities or permanent, visible scarring and disfigurement
• Property damage

In a drunk driving truck accident lawsuit, you may also recover punitive damages from the truck driver if a jury or judge finds that the driver’s actions constituted egregious or wanton behavior warranting punishment. Punitive damages punish an at-fault party for their behavior rather than compensate an accident victim for losses and aim to prevent others from engaging in similar behavior. There is no limit on punitive damages when a driver is intoxicated. 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 who 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.

Contact Our Experienced Drunk Driving Truck Accident Attorneys in New Jersey Today

If you’ve been in a truck accident with a drunk truck driver, you deserve experienced legal representation to help you pursue the money and justice you need. Contact Davis, Saperstein & Salomon, P.C., today for a free no-obligation consultation with a New Jersey drunk driving accident lawyer. We can explain your options for holding a reckless truck driver and their trucking company responsible for your harm and loss.