Driver impaired, who is responsible?

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

  1. thelushlarry

    thelushlarry Road Train Member

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    I was asked by an officer one time to walk a line. I just asked him which one I saw two. Things did not go well from there.
     
    Last edited: Mar 12, 2018
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  3. TROOPER to TRUCKER

    TROOPER to TRUCKER Anything Is Possible

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    As long as you had a foot on each line
     
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  4. AModelCat

    AModelCat Road Train Member

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    All I can say is good luck. If the officer at the scene did not issue a ticket/charge the driver with operating a vehicle while under the influence you pretty much have zero evidence that he was drunk.
     
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  5. pmdriver

    pmdriver Road Train Member

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    Then that officer and the superiors need to be called out and educated on drunken and drugged driving if we truly want 0 tolerance on this. We are just being lazy and uncaring if we let it keep going on. Many lives have been destroyed by these kinds of actions, we should be working on making our country great. Not impaired.
     
  6. x1Heavy

    x1Heavy Road Train Member

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    I don't buy the texas law excuse and I don't buy the 4 hour window.

    Fire him, then execute a judgement for the lost monies against him in court. Make sure he does not drive or do anything for you again.

    Drunk is drunk is drunk. With a accident too? Even better. Go get him.

    This talk about somehow not being arrested post accident under texas law makes me laugh. It's zero tolerance in semi trucks. And what part of drunken employees are you willing to tolerate? Forget it.

    So we are at 13500 so far and rising. Take the lout to court and go get a judgement.

    These forums will give you a opinion from 10,000 people. A Lawyer you retain over this situation will tell you exactly what you should be doing. As far as protecting your insurance? Ha. That's like trying to coverup a parade and say it did not happen.

    I completely buy the almost empty lot and him hitting something. That's classic. But you also have another problem. The officer who did not arrest him. But that's outside of your sandbox.

    Generally you hold all the cards. Go get him. Worse case scenario he claims BK or fails to flat pay the judgement which will destruct his own credit etc for almost a decade. You might be left to write off the specific losses in taxes.
     
  7. calnca

    calnca Medium Load Member

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    Bet your out of pocket will end up more than any increase in premiums would have been.
     
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  8. TrucknEZ

    TrucknEZ Bobtail Member

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    I agree some people have conditions that appear to be drunk or unstable but, but are able to operate with a steady hand when working. I have a rod in my leg and some days I walk with a serious limp and I haven't had a drink. pain in the body can make you look drunk.
     
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  9. pmdriver

    pmdriver Road Train Member

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    That is why it is best we stay away from all those banned substances, I unfortunately went to a holistic Doctor in Colorado, was given something(a jar of peanut butter) that she said would help with the pain. Ate 1 sandwich and went back and talked to her about feeling better, then she told me what was in it. I have to wait a few months now because of that, but it did help the pain a lot.
     
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  10. x1Heavy

    x1Heavy Road Train Member

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    Pain in the body causes a variety of problems.

    Without getting into too many trees for the forest, our nerves carry a variety of signals A percentage is under our control. A percentage is automatic like a ticking watch keeping the heart in time. And there is a third percentage for the rest of the nerves. This is where the challenges come in. When you take a pipe to the body and the ow floods your system the body has a specific process that kicks in. Several actually. Mostly is for fight or flight. But once the initial crisis is passed you are going to probably get pretty useless shortly for a while until you recover.

    I am a shaky. All that old iron got into my hands and wrists and it's been told to me when I started that by the time I hit 50 there will be a whole lot of shaking going on. That is fine. Hand me a Colt and the rounds are going to be within about 1/4 inch to where it's needed shakes and all. If there are no shakes on a good day I feel sharp enough to cut cards at 10 yards edge on. Maybe. The doing of work is not a problem. Running a chain saw chopping and felling trees was my favored activity in my own land. People need to be warm in the winter.

    The tests I will be getting will zero in on my specific causes of my problems and there is a chance it's fixable. If so, I'll be back on the road with the rest of you soon enough. (Wouldnt that be something...) if not? We will know what it is and go from there finally. Go to doctors for 20 years almost and dont even know whats the matta. Now we have a chance to find out. Finally. THAT I think is a good thing. But what a waste.
     
  11. pmdriver

    pmdriver Road Train Member

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    I will come back on the road when I know I can test clean, not before, the money is not that great to chance it, and that time has forced me to look at my intake of food and drink and change it to eliminate all the inflammations I was fighting. Instead of drugs am using food, mainly a real lemon tea in the morning, with a bit of ginger and pepper, garlic and cinnamon added which is doing great. avoiding fructose corn crap has been another good plus, but now I have to wait until I know all that junk from the doctor has left the system. In the mean time, fishing is good some days, aint putting no lead in the head, luck would be off just so that then a living vegetable.
     
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