Two truckers collide in North Carolina; one driver had a prior DWI

WSOCTV reported on April 20, 2014 that two truck drivers were severely injured when their trucks collided in North Carolina on St. Paul Church Road located in Salisbury, North Carolina. The family of one of the injured drivers claimed that the other driver should not have been driving because of a 2013 DWI conviction. While the prior drunk driver had limited privileges, those privileges did not include driving on the weekends, which is when the accident happened. The family of the responsible driver bemoaned that the responsible driver could not now provide for his family because driving a truck was his livelihood. The BAC (blood alcohol content) of the at-fault driver was being examined to determine if a second DWI charge would be sought. Additionally, the truck of the at-fault driver was seized because of his prior DWI offense.

Issues present in this case

  • Did the at-fault driver drive under the influence? The BAC will be a determining factor.
  • Can the prior conviction be held against him? Here, the court will review the admissibility of the conviction and determine whether the driver was driving in violation of his limited privileges.
  • Do punitive damages apply for any reason? If the driver was driving while intoxicated or driving in violation of his driving privileges or in violation of a prior DWI, then a punitive damage claim may be warranted.
  • Should the plaintiff’s lawyer wait for the police to proceed? Normally the DWI case will proceed first. A good PI lawyer will work with the police to make sure the evidence in any criminal case can be used in the civil case.

Contact a Truck Accident Lawyer Today

Truck accidents can be severe, causing devastating injuries and property damage. If you or someone you know has been injured in a truck accident, you need an experienced attorney on your side who knows what it takes to uphold the rights of accident victims in these situations. Attorney Joe Miller has been defending accident victims for over 25 years, and can help truck accident victims effectively pursue a claim. To learn more about what he may be able to do for you, contact Joe Miller Law, Ltd., today by calling (888) 694-1671.