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Drunk driving is still a common occurrence on the road, and that applies to truckers as well. Due to the sheer size of the vehicle, a drunk truck driver accident could cause devastating injuries.
Even though an intoxicated truck may have been involved in an accident, a plaintiff must still prove fault. Assuming they can prove that the drunk driver was the cause of the accident, that party would be legally responsible for any damages. If the drunk driver was working for a company including a company, then the trucking company itself could also be liable for the accident. Call a lawyer today and discuss liability for intoxicated truck drivers in Indianapolis.
Because of the danger that trucks pose to others on the roadway, trucking companies are obligated to monitor and assist their drivers to avoid driving while intoxicated. Most truck companies will have mandatory safety programs. While the trucking company itself cannot be charged with driving while intoxicated, the company is legally liable if one of their drivers was drunk and caused a crash in Indianapolis.
Under the Federal Motor Carrier Safety Regulations, following an accident involving a commercial truck, drivers are required to submit to an alcohol and drug test. If the driver had any intoxicating substance in their body, this could result in disciplinary actions even if it does not rise to the level of intoxication.
If a truck driver becomes intoxicated in their personal capacity (not on the job) and receives a ticket for driving under the influence, this can impact their ability to drive a truck for their employer. Most trucking companies will refuse to hire someone who has a poor driving record or a DUI.
The definition of independent contractor is open to legal interpretation. Simply referring to a truck driver as an independent contractor does not necessarily make that person a non-employee under the law. There is a detailed set of facts which determine whether a truck driver is truly an independent contractor. Even if they claim to be one, many resourceful truck accident lawyers can prove that the designation is not legally enforceable. However, if a truck driver truly is an independent contractor, then the trucking company would not have any liability for the driver’s actions.
Under the law, an employee who is negligent also makes the employer negligent. This is called the legal doctrine of respondeat superior. The law considers the employee to be acting within the scope of their employment, and therefore, it is fair that the employer is responsible for its employee’s actions. There are narrow distinctions where an employee is not acting on behalf of an employer but most situations will have the employer share in the liability.
Whenever there is a truck accident, an experienced lawyer will try to hold as many people responsible as possible. There may be different companies who own the truck or the cargo, employ the truck driver, or even manage the logistics. In certain circumstances, all these entities could be potential liable defendants in an Indianapolis trucking accident case. It is very fact-specific as to whether these businesses could be held responsible for the actions of a driver, but these must be investigated by an experienced personal injury lawyer.
In cases where there is shared responsibility, the jury can determine what percentage of fault is apportioned to each contributing individual. As long as the negligence of the injured party is less than 50%, they can still make a recovery. However, if they are more than 50% responsible for their own injuries, then the law does not provide for any recovery.
If a drunk driver sustains injuries, then there will be no recovery for them. Before deciding the issue of damages, one must establish liability first. In the absence of liability, there is no reason to consider damages. Furthermore, if an intoxicated driver causes an accident and receives injuries, they are not entitled to make a recovery.
More than just the drunk driver might be named on a lawsuit for damages. McCready Law is available to help you understand liability for drunk truck drivers in Indianapolis. Reach out to us now for a free consultation.