In recent years, there has been a significant increase in the number of Orlando truck accidents caused by impaired drivers. Unfortunately, negligent truck driver accidents often result in catastrophic injuries or even death.
If you or a loved one has been injured in an Orlando truck crash caused by a drunk driver, it is critical to seek the guidance of an experienced attorney who can help protect your rights and pursue compensation for your damages.
In this article, we will discuss the role of a drunk driving accident lawyer in pursuing justice for victims of impaired driving accidents in Orlando as well as some of the most frequently asked questions of Orlando truck accident lawyers.
Our experienced lawyers are here to help you through the process of your drunk driving personal injury claim, from negotiating with insurance companies to representing you in court.
Let us fight for you and help you get the justice you deserve. Call The Law Place now at (941)-444-4444 to schedule a free consultation!
The Prevalence of Truck Driver DUI Crashes in Orlando
Every year, thousands of commercial truck accidents occur on the roads and highways in Orlando. While many of these accidents are the result of factors such as poor road conditions, driver error, or equipment failure, there is a significant number that is a result of drunk driving. These accidents can be devastating, often resulting in severe injuries or fatalities for truck drivers and motorists.
Truck drivers face unique challenges on the roads, including long hours behind the wheel, tight schedules, and pressure to meet delivery deadlines. Unfortunately, these factors can also contribute to the decision to drive while impaired. Studies have shown that truck drivers are more likely to be involved in drunk driving accidents than drivers of passenger vehicles.
If you or someone you know has been injured in a truck crash caused by a drunk truck driver, it is important to seek the guidance of an experienced Orlando truck accident lawyer who can help you navigate the legal system and fight for your rights.
With their knowledge of state and federal trucking regulations and experience with drunk driving accidents, an Orlando truck crash attorney from The Law Place can help you hold the responsible parties accountable and pursue the compensation you deserve.
When it comes to truck accidents caused by truck drivers driving while drunk, multiple parties may be held liable. In addition to the driver who chose to get behind the wheel while impaired, other potentially liable parties could include the trucking company, the owner of the truck or trailer, and any other parties involved in the vehicle’s operation or maintenance.
If you or someone you know has been involved in a truck crash caused by a drunk truck driver, it is important to act quickly to protect your rights and interests.
A skilled Orlando truck accident lawyer from The Law Place can help you gather evidence, identify the liable parties, and build a strong case for compensation for various elements of your personal injury claim.
By working with an Orlando truck accident lawyer on your drunk driving truck accident personal injury claim, you can ensure that you are taking the steps necessary to protect yourself and your loved ones in the aftermath of a devastating accident.
Common Cause of DUI Truck Accidents
Drunk driving accidents are a serious problem on the roads and highways of Orlando, and various factors can cause them. Some of the most common causes of drunk driving truck accidents include long hours, tight schedules, pressure to meet delivery deadlines, and substance abuse issues.
Truck drivers often spend long hours on the road, which can result in fatigue, affecting their ability to drive safely. Additionally, many truck drivers are under pressure to meet delivery deadlines, which can lead to driving faster than they should or driving while impaired.
Another factor that can contribute to drunk driving accidents is substance abuse. Unfortunately, substance abuse issues are not uncommon among truck drivers, and the use of drugs or alcohol can impair their ability to drive safely.
In addition to these factors, there are several other issues that can contribute to drunk driving accidents. For example, poor road conditions or inclement weather can make it difficult for even the most experienced truck driver to maintain control of their vehicle, especially when under the influence of drugs or alcohol.
The Legal Standards for Commercial Truck Drivers and DUI Cases
The legal standard for commercial truck drivers and DUI cases is stricter than it is for non-commercial drivers. Under federal law, truck drivers are considered to be driving under the influence (DUI) if they have a blood alcohol concentration (BAC) of 0.04% or higher, which is half the legal limit for non-commercial drivers.
This legal standard is based on commercial truck drivers operating large, heavy vehicles that can cause significant damage if they are involved in an accident. As a result, they are held to a higher safety standard than other drivers.
The Importance of Preserving Evidence in an Orlando Drunk Driving Truck Accident Case
Preserving evidence in any DUI truck crash case is crucial. Preserving evidence means gathering and protecting any relevant physical evidence, like the vehicles involved, the road conditions, and the injuries sustained by those involved. Additionally, preserving evidence may include ensuring that any potentially relevant video footage, such as from traffic cameras or nearby businesses, is obtained and secured.
Preserving evidence from the truck accident scene is important because it can help determine who was at fault for the accident, establish the extent of any injuries or damages, and inform the legal strategy for the case. If evidence is lost or destroyed, it can weaken the case and may make it more difficult to build a strong legal argument. This can ultimately result in a less favorable outcome for those involved.
Working with an experienced Orlando truck crash attorney who is familiar with DUI truck accidents in Orlando can help ensure that all relevant evidence is properly preserved and utilized to build a strong case. The sooner you contact an attorney the better they will be able to preserve evidence that could otherwise be lost.
An Orlando truck accident lawyer can help coordinate with law enforcement, collect any available evidence, and consult with experts to ensure that all relevant information is taken into account in building a legal strategy.
Types of Damages Available in a DUI Truck Crash Case
In a DUI truck crash case, there are several types of damages that may be available to the injured party. These may include:
- Economic Damages – Compensation for financial losses such as medical expenses, lost wages, and property damage. Your settlement could also include the predicted cost of future financial losses.
- Non-Economic Damages – Compensation for non-financial losses such as pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages – Punitive damages are awarded to punish the at-fault party for particularly egregious conduct, such as drunk driving. However, punitive damages can only be awarded by a Judge if your case goes to trial.
- Wrongful Death Damages – Compensation for the surviving family members of a person who died as a result of the accident.
The specific types of damages that may be available in a DUI truck crash case will depend on the facts and circumstances of the case. It is important to work with an experienced truck accident attorney who can help evaluate the extent of the damages and build a strong legal argument to pursue the full compensation the injured party deserves.
Investigating a DUI Truck Crash Case
At The Law Place, we will use our wealth of skills, experience, and resources to investigate your claim. We will ensure that no stone is left unturned and that you have a robust claim for compensation. Here are some key steps that may be taken during the investigation process:
Document the Scene
Gathering evidence of the accident scene, including photos, videos, and police reports, can help establish key facts such as the severity of the accident, the weather and road conditions, and any other key details.
Interviewing any witnesses that may have been present during the accident can help establish what happened and who may be at fault. Your attorney will reach out to witnesses and secure statements on your behalf.
Obtain Medical Records
Obtaining copies of medical records can help establish the extent of the injuries sustained by those involved in the accident. If your injuries are ongoing, then your medical records may also be used to help establish what the future costs of treatment could be.
Analyze Cell Phone Records
In some cases, cell phone records may be used to investigate whether the driver was distracted by their phone at the time of the accident. Your attorney may be able to secure this information if they think it could help your case.
Review the Truck’s Black Box Data
If the truck involved in the accident had a black box installed, the data from that device could be reviewed to determine important information such as the speed of the truck at the time of the accident and whether the driver attempted to brake or maneuver prior to the collision.
If there is reason to believe that the driver was intoxicated or under the influence of drugs, they may be required to submit to a blood-alcohol test to establish their level of impairment at the time of the accident.
Working with an experienced Orlando truck crash attorney who has experience in DUI truck accident cases can help ensure that a thorough investigation is conducted and that all relevant evidence is taken into account in building a strong legal case.
Settlement Negotiations in a DUI Truck Crash Case
At The Law Place, we negotiate with insurance companies every day. Insurance companies are profit-driven, which means paying you as little as they can get away with. An experienced lawyer will use strong evidence to negotiate fiercely on your behalf. At The Law Place, our stellar reputation means that insurance companies are aware that they cannot get away with a lowball offer.
Settlement negotiations in a DUI truck accident case typically work as follows:
- Demand Letter – Your attorney will typically send a demand letter to the at-fault party or their insurance company, outlining the extent of the damages sustained by their client and making a demand for compensation.
- Counteroffer – The at-fault party or their insurance company may respond with a counteroffer, typically for a lower amount than the original demand.
- Back-and-Forth Negotiations – The parties may go back and forth negotiating a settlement amount until they reach an agreement.
- Settlement Agreement – Once the parties have agreed on a settlement amount, they will typically sign a settlement agreement, which outlines the terms of the settlement, including the amount of compensation to be paid, any release of liability, and any other relevant details.
It is important to note that settlement negotiations can be complex and often take time to reach a resolution. It is essential to work with an experienced truck crash attorney who can help navigate the negotiation process and advocate on your behalf. The case may proceed to trial if a fair settlement cannot be reached.
Benefits of Settling a DUI Accident Case
There are several benefits to settling a DUI accident case rather than dealing with the stress and uncertainty of a trial. Some of the key benefits include:
- By settling the case, both parties clearly understand the outcome rather than the uncertainty that comes with going to trial.
- Settling a case can save a significant amount of time and money that would be required to go through the trial process.
- Parties involved in settlement negotiations have more control over the outcome than if the case went to trial, where a judge or jury would ultimately decide the outcome.
- Settlement negotiations can be conducted in private, which can help avoid public scrutiny and maintain the privacy of those involved.
- Settling a case can reduce the stress and emotional toll that comes with going to trial.
- Settling a case can also help avoid the possibility of prolonged appeals, which can extend the legal process for months or even years.
Overall, settling a DUI Orlando truck crash case can provide a timely and cost-effective resolution that meets the needs of both parties involved in the case. However, it is always important to work with an experienced attorney to ensure that any settlement offer is fair and takes into account the full extent of damages sustained by the injured party.
When It’s Appropriate to Take a DUI Truck Driver Case to Trial
It may be appropriate to take a DUI truck crash case to trial if the parties are unable to reach a fair settlement agreement through negotiation. Some of the reasons why a trial may be necessary include:
- A case may be taken to trial if there is a dispute over who was at fault for the accident. In this case, a trial may be necessary to determine liability.
- If there is a disagreement over the extent of damages sustained by the injured party then a trial may be necessary to determine the amount of compensation owed.
- If the at-fault party’s insurance policy limits have been reached and are not sufficient to cover the full extent of damages, a trial may be necessary to pursue additional compensation.
- A court may order the case to trial, such as in cases where an attempt at settlement fails or a pre-trial motion has been denied, the case will proceed to trial.
Ultimately, the decision to go to trial will depend on the case’s specific circumstances, including the evidence available, the strength of each party’s case, and the potential outcomes of the trial compared to the settlement. An experienced truck accident attorney from The Law Place can help advise and guide you through decision-making and represent you in court if a trial is deemed necessary.
The Timeline of a DUI Truck Accident Trial
The timeline of a DUI truck accident trial can vary depending on several factors, including the complexity of the case, the court’s docket, and the availability of witnesses and experts. Generally, the timeline of a trial can be broken down into several stages:
- Pretrial Proceedings – This stage involves the discovery of evidence, pretrial motions, and other procedural matters leading up to trial. This can take several months to a year or more.
- Jury Selection – This stage involves selecting a jury for the trial, which can take a few days to several weeks.
- Opening Statements – Each party’s attorney will give an opening statement outlining their case.
- Presentation Of Evidence – This stage involves each party presenting evidence and witnesses to support their case. This can take several days to several weeks.
- Closing Arguments – Each party’s attorney will give a closing argument summarizing their case and urging the jury to come to a favorable verdict.
- Jury Deliberation – The jury will deliberate on the evidence presented and reach a verdict, which can take several hours to a few days.
- Verdict and Judgment – Once the verdict is reached, the judge will enter a judgment based on the jury’s decision.
Overall, a DUI truck accident trial can take several months to a year or more to reach a final resolution, depending on the complexity of the case and other factors. It’s important to work with an experienced truck accident lawyer who can advise you on a trial’s potential timelines and outcomes and help guide you through the process.
How to Select a Qualified Orlando Truck Accident Lawyer for Your DUI Truck Accident Case
If you were involved in a drunk driving truck accident in Orlando and are seeking legal representation, here are some suggestions for selecting a qualified and experienced truck accident lawyer.
Look for a truck accident attorney with experience handling drunk driving accidents specifically, as they will be better equipped to understand the unique legal and practical issues in such cases. Additionally, look for a truck accident attorney who has experience going to trial, as this can give you an advantage in negotiating with insurance companies. At The Law Place, we have a wealth of experience both in truck accident claims and representing victims at trial.
Check the lawyer’s credentials, including their education, professional affiliations, and any awards or recognition they have received in their field. Look at online reviews and ratings from previous clients to get a sense of their experience working with the attorney. At The Law Place, many of our attorneys have an AVVO rating of 10.0, the highest possible rating on the independent review site based on client reviews, awards, professional affiliations and more.
Schedule a consultation with the lawyer to discuss your case and get a sense of their approach and communication style. This can help you decide if they are the right fit for your needs. Make sure the lawyer has good communication skills and will keep you informed about your case throughout the legal process.
Discuss the lawyer’s fees and payment structure upfront to ensure you can afford their representation and that there are no surprises. At The Law Place we work on a no-win, no-fee basis so you will never be left out of pocket for securing representation.
By following these steps and doing your research, you can select a qualified and experienced Orlando truck accident attorney who can help you navigate the legal process and achieve a fair resolution in your DUI truck accident case.
Choosing the Right Time to Contact a DUI Truck Accident Attorney
If you have been involved in a DUI truck accident, it is important to contact a truck accident attorney as soon as possible.
There are strict deadlines for filing a legal claim after a DUI truck accident. In Florida, you must make a claim four years from the accident date. However, it is important to contact a lawyer as soon as possible after an accident to preserve any evidence related to the accident. This may include physical evidence such as vehicle damage, skid marks, and any other evidence that may be lost or damaged over time.
Insurance companies may try to settle your claim quickly, sometimes before the full extent of your injuries and damages are known. Having a lawyer on your side can help ensure that you receive fair compensation for your injuries and damages.
A truck accident lawyer from The Law Place will thoroughly investigate the accident, including gathering evidence, interviewing witnesses, and consulting with experts. The earlier this is done, the better it is for your case.
Overall, it is best to contact a DUI truck accident lawyer as soon as possible after an accident. This will ensure that your legal rights are protected and that you have the best chance of receiving fair compensation for your injuries and damages.
DUI Truck Accident FAQs
What Is a Dui Truck Accident?
A DUI truck accident is an accident involving a commercial truck and a driver who is under the influence of drugs or alcohol.
What Should I Do If I’ve Been in a Dui Truck Accident?
If you’ve been in a DUI truck accident, seek medical attention immediately, call the police to report the accident, gather information from the other driver and witnesses, keep records of everything, such as medical expenses, and contact a DUI truck accident lawyer as soon as possible.
Who Can Be Held Responsible for a Dui Truck Accident?
The driver of the truck, the trucking company, and other parties may be held responsible for a DUI truck accident. An experienced lawyer can help determine who is at fault and hold them accountable.
What Damages Can Be Recovered from the Insurance Company in a Dui Truck Accident Case?
Damages that can be recovered from the insurance company in a drunk driving truck accident include medical expenses, lost wages, pain and suffering, property damage, and other associated costs.
Do I Need a Lawyer for a Dui Truck Accident Case?
Yes, it is recommended to consult with a qualified and experienced DUI truck accident lawyer who can help protect your legal rights and navigate the complex legal process.
What If the Truck Driver Was Not Found Guilty of a Dui Charge in Criminal Court?
Even if the truck driver was not found guilty of a drunk driving charge in criminal court, they may still be held liable for the accident in a civil lawsuit. The burden of proof in civil cases is lower than in criminal cases, so it is possible to hold someone liable for an accident even if they were not criminally charged.
Take Action Today!
Being involved in a DUI truck accident is a traumatic and life-changing experience. It is important to seek the legal guidance of an experienced team of DUI truck accident attorneys as soon as possible to protect your legal rights and increase your chances of receiving the compensation you deserve.
At The Law Place, we have a team of skilled and dedicated team of truck accident lawyers who are ready to help you through this difficult time. We understand the complex legal and logistical challenges of these types of accidents and know how to navigate them successfully.
Our team will work tirelessly to investigate the accident, gather evidence, and build a strong case on your behalf. We will fight tirelessly for your rights and work to fight for maximum compensation for your injuries, damages, and losses.
We understand that time is of the essence when it comes to DUI truck accident cases. That’s why we urge you to call us for a consultation regarding your personal injury lawsuit as soon as possible. Our team is ready to take your call, and we offer free, no-obligation consultations to help you better understand your legal options.
The longer you wait, the harder it may be to collect critical evidence, gather witness testimonies, and build a strong case on your behalf.
The Law Place is here to help you get the justice and compensation you deserve. An experienced Orlando truck driver DUI crashes lawyer can help you through every step of the legal process, from negotiating with insurance companies to representing you in court.
Call us now at (941)-444-4444 for a free consultation. Let us fight for you and help you get the justice and compensation you deserve!