New York State Patrol Officer Injured In Nichols Hit-And-Run DUI Semi-Truck Accident Along State Route 17
NICHOLS, CALIFORNIA (November 22, 2019) – A New York State Patrol officer was injured in a semi-truck accident with an intoxicated driver along State Route 17.
New York Highway Patrol are saying that the accident took place around 7:30 p.m. The patrol officer had just pulled over another driver to give them a ticket.
He got back inside of his patrol vehicle when he was hit-from behind by a semi-truck. The force of the impact sheered off the back passenger door on the police vehicle.
The semi-truck driver kept going after the accident and was later stopped by the Tioga County Sheriff’s Office. The driver of the semi-truck failed a field sobriety test and was arrested on suspicion of DWI.
Paramedics were called to the scene in order to help the injured State Trooper. He had to be transported to the Lourdes Hospital.
Liability In Nichols Semi-Truck Accidents
Semi-truck operators are held to a high standard in terms of what is considered legally intoxicated under the law. Civilian drivers in New York are considered legally intoxicated if they have a BAC of 0.08 or higher. According to Federal Motor Carrier Safety Administration regulations, “The FMCSA has established 0.04% as the blood alcohol concentration (BAC) level at or above which a CDL commercial motor vehicle operator who is required to have a CDL, and is operating a commercial motor vehicle, is deemed to be driving under the influence of alcohol and subject to the disqualification sanctions in the Federal regulations.” The law doesn’t distinguish between alcohol and other drugs / prescriptions that could impair driving.
It’s important that truck drivers consult with their doctor before taking any prescription or over the counter medications. Here are just a few of the common medications that can affect driving ability according to the FDA:
- opioid pain relievers.
- prescription drugs for anxiety (for example, benzodiazepines)
- anti-seizure drugs (antiepileptic drugs)
- antipsychotic drugs.
- some antidepressants.
- products containing codeine.
- some cold remedies and allergy products, such as antihistamines (both prescription and OTC)
It is illegal to flee the scene of a car accident that results in bodily injury. According to New York Vehicle and Traffic Law § 600 (2)(a), “leaving the scene of an incident without reporting,” “other than for the mere failure of an operator to exhibit his or her license and insurance identification card for such vehicle or exchange the information required in such paragraph [(a) of Vehicle and Traffic Law § 600 (2)], shall constitute a class A misdemeanor….Any such violation committed by a person after such person has previously been convicted of such a violation shall constitute a class E felony.”
New York police officers injured in the line of duty will typically have recourse through the worker’s compensation system. If they were also injured due to the negligence of a semi-truck driver they may have the ability to seek additional damages through a bodily injury claim. Damages in a civil claim can help cover lost wages, medical bills and pain and suffering. Unfortunately, truck companies will often fight vehemently to deny liability for any accidents. A truck accident attorney can examine all of the facts of your case and let you know what what your legal rights are.
Getting Help After A Nichols Semi-Truck Accident
We at Pulvers, Pulvers & Thompson extend our thoughts and prayers to the state trooper injured in this accident. Any person that may have seen what happened should reach out to investigators. It is our sincere hope that measures are put in place to prevent additional accidents like this.
Have you or someone that you love been injured in a truck accident? There are a number of laws designed to protect your rights. Our team of personal injury attorneys are here to answer any legal questions that you may have. We are committed to making sure that accident victims are aware of their rights so that they can make informed decisions. Whether you just have questions about the law or need a free, independent investigation into a truck accident we are here for you. You’re always welcome to reach out to us anytime at 212-471-5106.