Being in an accident with a large truck is scary. When that accident happens because the truck driver was drinking alcohol, it feels even worse. Trucks are very big and heavy vehicles that can cause serious injuries when they crash. If you or someone you care about has been hurt in this type of accident, you might be wondering what you can do next.

What are the legal options for victims of a truck accident caused by a drunk driver? People who are hurt in these accidents have several important legal rights. They can seek money to pay for medical bills, replace lost income, and help with the pain and suffering they experienced.

What Should be the Immediate Steps After a Truck Accident with a Drunk Driver

After an accident, getting medical help is the priority, even if injuries seem minor, as some issues may not appear immediately. A doctor can identify hidden injuries and begin treatment early. Seeking medical care also creates an official record necessary for legal claims. Follow doctor’s instructions, attend follow-up appointments, save medical bills, take photos of injuries, and keep a journal documenting pain and its impact on daily life.

In 2023, approximately 30% of all traffic fatalities in the U.S. involved drunk drivers (BAC of 0.08% or higher), resulting in 12,429 deaths. Reporting the accident to police is essential, especially if a truck driver was drunk, as officers can test for alcohol, document signs of impairment, collect witness statements, take photos, and issue charges.

What are the Legal Rights for Truck Accident Victims

Truck accident victims have important legal protections and may be entitled to significant compensation. Here are the key legal aspects:

Types of Compensation Available

Victims of truck accidents caused by drunk drivers can seek various types of compensation, known as damages. These include medical expenses for hospital stays, doctor visits, surgeries, medication, physical therapy, and future medical care. They can also claim lost income, covering wages lost during recovery, reduced earning ability, and future lost earnings. Pain and suffering damages compensate for physical pain, emotional distress, PTSD, and loss of enjoyment of life.

According to Adam Rosengard, an experienced truck accident attorney based in New Jersey and founder of Rosengard Law Group, victims of truck accidents can receive help identifying all liable parties and maximizing their compensation. In cases involving drunk truck drivers, victims may also be entitled to punitive damages, which are intended to punish reckless behavior and discourage future negligence.

Understanding Drunk Driving Laws and Penalties

Truck drivers are held to stricter standards than regular drivers regarding alcohol use. The legal blood alcohol concentration (BAC) limit for commercial drivers is 0.04%—half the 0.08% limit for non-commercial drivers. This lower threshold reflects the greater danger posed by large trucks. Drunk truck drivers face severe consequences, including jail time, heavy fines, loss of their commercial driver’s license (CDL), and mandatory treatment programs.

They also face civil liability, where victims can sue for damages. Exceeding the BAC limit strongly supports claims of negligence in legal cases.

Who Can Be Held Responsible in Drunk Driving Truck Accidents

After a drunk driving truck accident, more than just the driver may be legally responsible—identifying all liable parties is key to securing full compensation and justice. The truck driver is the most obviously at fault, as driving under the influence is considered negligence. In 2021, New Jersey reported 220 drunk driving deaths, accounting for 31% of all traffic fatalities. To hold the driver accountable, you must prove they breached their duty to drive safely and caused your injuries.

Evidence like BAC test results or police reports helps support your claim. However, because drivers may lack sufficient assets, trucking companies can also be held liable under vicarious liability or for negligent hiring, supervision, or failure to enforce safety policies.

What is The Legal Process for Truck Accident Victims

Understanding the legal process after a truck accident can help you protect your rights and pursue fair compensation. Here are the key stages of the process:

Filing a Claim vs. Filing a Lawsuit

After a truck accident, you have two main paths for seeking compensation:

Filing an Insurance Claim:

The first step in resolving a truck accident claim is submitting a claim to the trucking company’s insurance provider. This initiates negotiations to settle, avoiding court involvement if an agreement is made. The process can be relatively quick, often taking months instead of years.

However, factors like evidence, liability disputes, and insurance policies can influence the timeline. Understanding the claims process helps ensure fair compensation.

Filing a Lawsuit:

● This happens if insurance claims don’t result in fair offers

● Legal documents are filed with the court to start the case

● A more formal process with specific rules and deadlines

● It can take longer (often 1-2 years or more)

● May end in a trial if no settlement is reached

Most cases begin with insurance claims, and many settle before a lawsuit is needed. However, having a lawyer who is ready to go to court often helps get better settlement offers.

Settlement Negotiations

Most truck accident cases are settled out of court, meaning the responsible party agrees to pay compensation, and you agree not to pursue further legal action. The process typically involves your lawyer sending a demand letter, followed by the insurance company’s low initial offer, and then several rounds of negotiation.

Once a fair amount is reached, the final offer is reviewed and signed. Skilled lawyers use experience from similar cases to negotiate effectively. Always consult a lawyer, as settlements are final and can’t be changed later.

Trial Preparation and Process

If your case doesn’t settle, it may proceed to trial, though only a small percentage of cases reach this stage. The process begins with discovery, where both sides exchange evidence, answer questions under oath, and conduct depositions. Pre-trial motions follow, shaping legal arguments and determining admissible evidence.

The trial includes jury selection, opening statements, witness testimony, expert input, and closing arguments. While trials can be stressful and lengthy, they may be necessary for fair compensation, and your lawyer will support you every step of the way.

Conclusion

Being the victim of a truck accident caused by a drunk driver can change your life in many ways. The physical injuries, emotional trauma, and financial burden can seem overwhelming. However, understanding your legal options gives you a path forward.

Remember that victims of these accidents have important legal rights. You can seek compensation for medical expenses, lost income, pain and suffering, and more.