Who Is Liable After A Truck Accident Caused By a Drunk Truck Driver
Most drivers are aware that drinking and driving is against the law for a reason. Operating a vehicle under the influence of alcohol or drugs can cause accidents in which innocent people are hurt or killed. In fact, between 2003 and 2012, 1,816 people in New Jersey were killed in accidents involving a drunk driver.
When a commercial truck driver decides to drink and drive, the results can be catastrophic. The size and weight of these trucks can lead to severe injury and damages. If you’ve been involved in an accident with a truck and suspect that the driver was intoxicated, you have several options. Continue reading to learn more about your rights and legal options regarding truck DUI accidents.
Regulations for Truck DUI’s
It is illegal in all 50 states for drivers to operate a vehicle while under the influence of alcohol or other substances that cause impairment. Unfortunately, drunk driving does still happen, so it’s important to know more about the regulations for DUI’s involving commercial truck drivers.
The Federal Motor Carrier Safety Administration reported that in 2010, 1.8% of the 3,446 truck drivers who were involved in a fatal collision had a BAC of over 0.08. At least 3% had consumed some amount of alcohol. While these percentages may not seem that high, it’s important to remember the amount of devastation that just one incident of drunk driving can cause.
Across the states, commercial drivers must refrain from consuming alcohol at least 4 hours before operating a truck. Truck drivers should also not have any traces of alcohol in their blood, even if it is below the legal limit. Employers are required to administer regular drug and alcohol testing for their drivers in order to prevent tragic incidents caused by DUI’s.
Determining Liability in a DUI Case
Depending on the circumstances, the employer or the employee may be determined liable for a truck accident.
One theory of liability called “respondeat superior” states that the employer is responsible for any accidents caused by one of their drivers. This Latin phrase essentially means “let the superior make answer.” So if a driver was acting within the scope of their employment, the employer may have to take responsibility.
This term “scope of employment” raises some important questions. What acts are considered within a driver’s scope of employment? Common factors may include:
- The intent of the driver
- The type of work they were hired to do
- The nature of the employee’s conduct
- The amount of freedom permitted to the employee when performing their job
A New Jersey court will be able to determine if the driver or his or her employer should take responsibility. No matter what the decision, it is within your rights to pursue legal recourse through a personal injury case.
Consult a Truck Accident Attorney
Injuries sustained in an accident with a drunk truck driver can leave you with huge medical bills and substantial lost wages if you have to miss work as a result. You deserve justice and a chance to restore things to the way they were before the accident.
Please contact the Law Offices of Peter N. Davis today so you can talk with our truck accident lawyers and start the process of receiving just compensation. We look forward to fighting for you.
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I had a very positive experience with the Law Offices of Peter N. Davis & Associates. Nick Barrone handled my case, and I couldn’t be happier with the level of service I received. After my auto accident in Jersey City, NJ, I was dealing with ongoing back and neck pain and wasn’t sure what to expect from the legal process. Nick was professional, attentive, and always made sure I understood each step along the way. He took the time to answer my questions and genuinely cared about my situation. I felt supported throughout the entire process, which made a stressful situation much easier to handle. The firm worked diligently on my behalf and kept me informed the whole time. I truly appreciate their dedication and effort in helping me through this difficult experience. I highly recommend them to anyone in need of a reliable and compassionate attorney.
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Unfortunately, our experience with this law firm was extremely disappointing and very different from the impression we initially had after seeing so many positive Google reviews and such a high rating.
We contacted this firm because my wife was involved in a car accident, and we were hoping to find a reliable, professional, and compassionate legal team that could guide us during a very stressful and difficult situation. We completely understand that not every law firm can accept every case, and we would have respected a decision not to represent us. The problem was not simply that the case was not taken — it was the way the entire situation was handled.
My wife spoke with a legal assistant named Ms. España, and the conversation left her feeling scared, uncomfortable, and even more distressed than she already was because of the accident. In our experience, the communication was unnecessarily harsh, aggressive, and lacking empathy. Instead of calmly explaining why the firm could not proceed, giving professional guidance, or suggesting possible next steps, the conversation made my wife feel as though she had done something seriously wrong.
At one point, the way certain issues were presented made her feel almost as if she felt treated in a very bad way Whether that was the intention or not, that is how the conversation came across to her, and I believe professionals working with accident victims should be very careful about how they communicate serious legal concerns.
People contacting a personal injury law firm are often already dealing with physical injuries, emotional stress, financial uncertainty, insurance problems, transportation issues, and fear about what will happen next. A legal assistant is often one of the first people a potential client speaks with, and that person should understand how important professionalism, patience, empathy, and respectful communication are.
What made this experience even worse is that we were specifically told that a release/disengagement letter as well as the digital copy of the file would be sent regarding the case. That letter never arrived as promised.
This has become a serious problem because other attorneys we have contacted have indicated that they need confirmation that the previous firm is no longer representing or involved in the matter before they can properly move forward with reviewing or handling the case. Because we still have not received the promised documentation, we feel that our ability to move forward and obtain new representation has been unnecessarily complicated and delayed.
When a law firm tells a client that an important document will be provided, especially a document that may affect their ability to retain another attorney, that commitment should be taken seriously.
We were never expecting this firm to guarantee an outcome, accept a case they did not want, or tell us only what we wanted to hear. We simply expected clear legal communication, professional treatment, basic compassion, and the documentation that was promised.
The most disappointing part is that we contacted this company specifically because its Google reviews created the impression that it was a highly reliable and professional organization. We truly believed we were reaching out to a firm that would treat accident victims with dignity and provide responsible guidance, even if they ultimately decided not to take the case.
Unfortunately, our personal experience did not reflect that expectation.
I sincerely hope management reviews how prospective clients are treated by intake staff and legal assistants, how sensitive legal information is communicated to people who are already under significant stress, and how disengagement or release documentation is handled when representation ends or a case is declined.
A law firm does not have to accept every case, but every person who contacts the firm deserves to be treated respectfully and professionally.
Based on our experience, better communication, more empathy, and stronger follow-through would have made a significant difference.
I highly recommend the Law Offices of Peter N. Davis.
After I was rear-ended in a car accident and suffered injuries to my neck and back, they provided outstanding representation during a very difficult time in my life.
My attorney, Robert Russotti, and my case manager, Muminah Ramadan, were professional, compassionate, and attentive throughout the entire process. They helped me obtain the medical treatment I needed and were always available to answer my questions and address any concerns I had. Their diligence, communication, and dedication gave me peace of mind while I focused on my recovery.
I am truly grateful for the support and guidance they provided during my hardship. I would not hesitate to recommend the Law Offices of Peter N. Davis to my family and friends.
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