Driver impaired, who is responsible?

Discussion in 'Trucker Legal Advice' started by TwoEyedJack, Mar 12, 2018.

  1. TwoEyedJack

    TwoEyedJack Bobtail Member

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    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.
     
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  3. pmdriver

    pmdriver Road Train Member

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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.
     
  4. TROOPER to TRUCKER

    TROOPER to TRUCKER Anything Is Possible

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    Why was he not charged by the officer? Any officer should have arrested him and tested.
     
  5. Old Man

    Old Man Road Train Member

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    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.
     
  6. flood

    flood Road Train Member

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    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
     
  7. TROOPER to TRUCKER

    TROOPER to TRUCKER Anything Is Possible

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    The driver not being charged will somewhat tied your hands.
     
    NavigatorWife, Bean Jr., flood and 3 others Thank this.
  8. hagarcobra

    hagarcobra Medium Load Member

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    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??!!
     
  9. pmdriver

    pmdriver Road Train Member

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    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.
     
  10. not4hire

    not4hire Road Train Member

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    C'mon, man... I AAIL AND I stayed at a Holiday Inn Express last night!
     
  11. CrappieJunkie

    CrappieJunkie Wishin' I was fishin'

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    Doubt you could recover. He was acting as a represenative of your company at that time.

    But like one other ppster said. Get a lawyer.
     
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