A drunk driver hit a big rig and was killed. The big rig hit my vehicle. Since the first driver is killed, who holds liability?

Question: A drunk driver slammed alarge trailer truck into my car totaling it completely.  The driver was killed and the only one leftto sue for my medical costs is the commercial owner, but he says he isn'tliable because the driver was intoxicated and he had no control over that.  Is the owner right?

Response: The answer depends on thestate law that applies, and that is usually the state where the accidentoccurred.  However, under Regulation 382of the Federal Motor Carrier Safety Administration (FMCSA), that coverscontrolled substances and alcohol abuse, no driver shall performsafety-sensitive functions within four hours after using alcohol and anyemployer having knowledge of a driver's use of alcohol within these four hoursmust prohibit the driver from performing these duties.  In simpler terms, if the company owner knewthat the driver had either imbibed alcohol or taken any impairing substanceswithin four hours before the driver's shift was to begin, then the owner isliable for any accident arising from the driver's impairment.  This regulation, in conjunction with anynon-conflicting state law, serves as probative value in determining liabilityin this case.  Be sure to consult with antruck accident attorney regarding this matter.

Answered by Sharon Cullars

Additional Resources:

• Part 382: Controlled substances and alcohol use and testing - FMCS: http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?chunkKey=0901633480023841
• DUI TruckingAccidents and Alcohol Related Truck Accidents