Drunk driving is illegal in Pennsylvania and across the entire United States, no matter where you’re going or what type of vehicle you’re driving. The vehicle you’re driving does affect laws on driving under the influence (DUI) in one important way: if you’re operating a tractor-trailer or any other commercial vehicle with a commercial driver’s license (CDL), you’re automatically considered impaired if you blow a 0.04% on a blood alcohol concentration test, which is half the 0.08% limit that applies to regular drivers.
Unfortunately, even this uniquely harsh rule doesn’t entirely stop drunk driving truck accidents in Allentown from happening in the first place or from causing serious injuries when they do occur. If you’ve been caught up in a wreck caused by a drunk trucker recently, hiring and working closely with an experienced truck accident lawyer is key to getting paid fairly for all the losses you’ve suffered from this incident.
How DUI Charges Affect Drunk Driving Lawsuits
If a truck driver is criminally convicted of DUI in relation to a traffic accident you got hurt in, the fact that a criminal court found them guilty of acting irresponsibly is strong evidence in support of any civil claim you file against them. However, that doesn’t mean you have to wait until a related criminal case ends before starting a lawsuit over a drunk driving truck wreck in Allentown or that there needs to be a criminal charge in the first place.
This is because criminal and civil cases are completely different legal proceedings that have different standards of proof: beyond a reasonable doubt for criminal cases and the comparatively less strict based on a preponderance, or majority, of the evidence for civil cases. Even if a trucker is never criminally charged for being drunk when they crashed into you, you still may be able to hold them civilly liable for the wreck with a skilled attorney’s help.
Getting Paid Fairly for All Available Damages
Beyond proving someone else at fault for your wreck, representation from a knowledgeable legal professional can also be key to making sure you get paid a fair amount of money for all your wreck-related losses. It’s possible to sue for both short-term and long-term damages after a drunk driving truck crash in Allentown, including things like:
- Physical pain and discomfort
- Mental anguish and suffering
- Loss of life’s pleasures
- Medical bills
- Lost work wages and earning ability
- Expenses related to personal property damage, like car repair or replacement costs
You need to file suit well before a lot of those long-term damages fully come to pass. Otherwise, you might miss the filing deadline set by the statute of limitations, which might mean you’d have no chance at all of getting paid through that specific case.
Talk to an Allentown Attorney About Filing a Drunk Driving Truck Accident Claim
Drunk driving is a textbook example of the kind of negligence that can justify a personal injury lawsuit if it directly leads to an otherwise preventable crash. It can still be hard to get a good result from a claim built around a drunk driving truck accident in Allentown if you try to enforce your rights under Pennsylvania law entirely on your own.
Help is available from start to finish of the legal process from capable attorneys well-known for winning cases like yours. Call Ostroff Godshall Injury and Accident Lawyers today to discuss your options.
