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 a large trailer truck into my car totaling it completely.  The driver was killed and the only one left to sue for my medical costs is the commercial owner, but he says he isn't liable because the driver was intoxicated and he had no control over that.  Is the owner right?

Response: The answer depends on the state law that applies, and that is usually the state where the accident occurred.  However, under Regulation 382 of the Federal Motor Carrier Safety Administration (FMCSA), that covers controlled substances and alcohol abuse, no driver shall perform safety-sensitive functions within four hours after using alcohol and any employer having knowledge of a driver's use of alcohol within these four hours must prohibit the driver from performing these duties.  In simpler terms, if the company owner knew that the driver had either imbibed alcohol or taken any impairing substances within four hours before the driver's shift was to begin, then the owner is liable for any accident arising from the driver's impairment.  This regulation, in conjunction with any non-conflicting state law, serves as probative value in determining liability in this case.  Be sure to consult with an truck accident attorney regarding this matter.

Answered by Sharon Cullars

Additional Resources:

• Part 382: Controlled substances and alcohol use and testing - FMCS
• DUI Trucking Accidents and Alcohol Related Truck Accidents

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