Driver impaired, who is responsible?

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

  1. Justrucking2

    Justrucking2 Road Train Member

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    You dummy! You should have turned this into the insurance company! Hell, they had to clear him to drive YOUR truck. OY!
     
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  3. b61mack

    b61mack Light Load Member

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    you can't sue him, you can only fire him. if you did sue him, he would counter sue, and end up with your company!
     
  4. magoo68

    magoo68 Road Train Member

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    By sweeping things under the table to protect your name . I’d think your also protecting his name and he still had a clean record when he applies at another company.... If it was his first trip with you I don’t see him mentioning you in a job application
     
  5. hagarcobra

    hagarcobra Medium Load Member

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    . Can't wait for post asking advice for your next medical problem.
     
    Bean Jr. Thanks this.
  6. Bean Jr.

    Bean Jr. Road Train Member

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    I corrected it for you.
     
    hagarcobra Thanks this.
  7. Zigzag777

    Zigzag777 Medium Load Member

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    Down Yonder
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    You said of the driver:

    “Perfectdriving record, lots of experience”

    Did you check his references, and why he left his last employer? And the one before that? Or do a timeline of his work history, and get that confirmed by his previous employers? Sometimes you gotta really dig deep to get the whole story, and not the one he told you.
    Could have been a much worse situation, like a multiple fatal with your truck, and damages far beyond your insurance coverage. Sometimes you need to have some gratitude for what didn’t happen.
     
    Bean Jr. Thanks this.
  8. BrandonCDLdriver

    BrandonCDLdriver Road Train Member

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    While I'm certainly no lawyer (although I had no issues passing any bar exam I ever took, especially in college with my buddies) I have actually been involved in two civil suits, both of which I won. One of them I retained a lawyer and one I did not.

    The issues with this situation are two fold. First, and foremost, he cannot be arrested for DWI. Why? Because the incident happened on private property. It's no different than if you get drunk in a Wal Mart parking lot and crash into someone. DWI or OWI requires you to operate your vehicle on a public road.

    Secondly, he CAN be sued for the damages. Just because he's "acting on behalf of your company" doesn't mean a thing. And in a civil lawsuit, which has a much lower burden of proof than a criminal one would, his level of intoxication can be used against him to determine whether or not he was responsible for the damages. There is very little one can do to absolve themselves of responsibility in the event of damages.

    If you can prove you did a background check on this guy and he was clean and prove that he admitted he was driving intoxicated when this happened, I think it would be an easy lawsuit to win.
     
  9. ZVar

    ZVar Road Train Member

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    Not true in every state. In TX, for example, one can and people have been given a ticket for DUI while working on a boat in their driveway. Some states are less strict...
     
  10. shogun

    shogun Road Train Member

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    @BrandonCDLdriver,

    He most certainly could be arrested for DUI on private property. In this case, it screams that the cop was too lazy to do his job since performing Standardized Field Sobriety testing, the 20 minute observation period, testing him on the Intoxilyzer 8000 and all the impending citations and paperwork required effort. He may have not been certified on the 8000 either.

    Most all states have stipulations for making DUI arrests on private property. I have made plenty of DUI arrests in my police days on private property, they can even be on a riding lawnmower if you want to really test the limits of the law.
     
  11. BrandonCDLdriver

    BrandonCDLdriver Road Train Member

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    Well I know the laws of MY state. But it does appear state to state they differ.

    In states where you can't be arrested for DWI on private property, you can't have just gotten off of a public road. Like, drunk driving a lawn mower on a public road turning into your own driveway, yes. But just riding around in your yard, no.

    Can I Get a DUI If I Was Driving on Private Property? - Lawyers.com
     
    flood and Bean Jr. Thank this.
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