Last month I hired a new driver. Perfect driving record, lots of experience. First trip out, he backs into a parked truck at a truck stop, does around $10K in damages, other driver looking for $3500 in lost wages. I'm paying out of pocket to avoid insurance claim. I haven't got an estimate on fixing my trailer yet, but I'm thinking $5K or so.
After tons of digging, I got body camera footage from responding officer showing my driver to be clearly impaired. He drank alcohol at a restaurant an hour away, drove to the accident site impaired, then backed into this other truck in a mainly empty lot. Had the responding officer been DOT, my driver undoubtedly would have been arrested at the scene.
Since the driver was clearly acting outside the scope of his employment, what are the odds I would be successful in a civil suit to recover my damages? He has a house and an expensive personal car.
Driver impaired, who is responsible?
Discussion in 'Trucker Legal Advice' started by TwoEyedJack, Mar 12, 2018.
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Some may have a medical condition that may look like they are impaired, unless a breathalyzer was done a the time there is no proof. I have arthritis which some days it makes it very difficult to walk correctly and have no hope of walking a straight line when having a attack. And it is not right for someone to lose something unless there is absolute proof.
truadvocate, bottomdumpin, Streetroddreams and 2 others Thank this. -
Why was he not charged by the officer? Any officer should have arrested him and tested.
truadvocate, bottomdumpin, Bean Jr. and 12 others Thank this. -
0%. Even if you were to get a judgment it doesn’t mean he will pay it.
Hope he is not still your driver.
You are getting out cheap, he could have cost you millions.Bean Jr., Caterpillar Cowboy, DSK333 and 3 others Thank this. -
All I will say is DUI is dui and any officer can charge him. If the officer didn't then he didn't thing he was
truadvocate, dunchues, NavigatorWife and 3 others Thank this. -
The driver not being charged will somewhat tied your hands.
NavigatorWife, Bean Jr., flood and 3 others Thank this. -
Why are you asking a non- lawyer community. Spend the money and talk to a lawyer. You've spent all that money and you want legal advise from a group of truckers/trucker wanna- be's??!!
truadvocate, peterd, homeskillet and 10 others Thank this. -
I stopped drinking and I have been pulled over and asked to walk the line, had to say I want a blood test to prove no drugs or alcohol in system because could not even do half the line, these medical conditions we get as we age suck but if you are clean no worries after you prove yourself innocent..The reason I stopped all the stuff I enjoyed, might enjoy a shot or 6 at home but will stay away from any road.
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NavigatorWife, driverdriver and hagarcobra Thank this.
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But like one other ppster said. Get a lawyer.
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