If a truck driver operates their vehicle while intoxicated, they could cause a serious accident. A drunk truck driver can severely harm others on the road. If you were injured in an accident due to an intoxicated driver, you should retain the services of a seasoned attorney. Due to the unique aspects of a Grand Prairie drunk truck driver accident case, it is best to seek legal help as soon as possible. A dedicated truck accident lawyer could investigate your accident and help you get the money you need to move forward.
What Is The Respondeat Superior Doctrine And The Duty Of Care?
Respondeat superior is a legal doctrine. In many circumstances, an employer is responsible for the actions of employees perform within the course scope of their employment and to determine whether the organization will be held liable. The court will look at whether the employee was acting in the course and scope of employment.
If the employee was on his or her way to a meeting, and the accident occurred, the employer could possibly be held liable. In addition, it’s possible the employer could be sued for negligent hiring.
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What Happens If The Accident Does Not Occur Within The Driver Scope With Employment?
An experienced attorney could help determine if the truck driver was within or outside the scope of employment. Typically, if a truck driver rear-ends a car while making a delivery, the employer would probably be liable because the truck driver was acting within the scope of making a delivery.
However, if a truck driver leaves work early and hits another car outside of the stadium, a potential argument could be made that the company should not be liable for the driver’s negligence because the truck driver was perhaps not acting within the scope of employment at the time of the crash.
Are Drivers Regularly Tested For The Presence Of Drugs Or Alcohol In Their System?
Commercial drivers are subject to Department of Transportation (DOT) drug and alcohol screening. DOT drug test are required and pre-employment screening, as well as when there’s reasonable suspicion or cause, but if a supervisor reasonably believes that an employee is under the influence of drugs or alcohol, then there is also random testing that occurs, and these are usually quarterly and again, must be chosen at random.
Then there is return to duty testing that’s required if there is a violation of the drug and alcohol rules. They cannot return to any DOT job before being tested and may be subject to unannounced testing of just at least six times in the first 12 months, then a follow up testing again taking place after return to duty.
A substance abuse professional manages the follow-up testing for up to five years, determining how many times an employee’s tested and for what substance, these are completed in addition to other DOT required testing, and then there’s post-accident truck testing that’s required if they’re in an accident.
Meeting certain DOT criteria, an alcohol test must occur within eight hours of the accident, the drug test within 32 hours.
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What If The Injured Claimant Is Found To Be Partially Responsible For The Accident?
There are many things an insurance company and the courts will look at to determine an appropriate settlement amount. Responsibility for an accident is determined on a percentage-based scale. The courts will look at the actions that contributed to the accident, such as:
- Did the driver followed the traffic laws
- Were they speeding
- Did the driver ignore a red light or running a stop sign
- Were they distracted by their phone or something else in the vehicle at the time of the crash
If the injured person is less than half of the responsibility for the accident, any compensation they received from the other party’s insurance would be simply be reduced by the percentage responsibility they bear.
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95 percent of all civil cases settled prior to trial. It is likely that a case will be settled, but that is not always the case. If the insurance company will not offer a reasonable settlement, their experienced drunk driving wreck attorney will need to file a lawsuit on their behalf and prepare the case for trial.
In most cases, the insurance company settled the case, but often they are more reasonable after a lawsuit is filed. There is always uncertainty when a case goes to a jury because there is no guarantee what a jury will do even if they have a strong case against the negligent driver. The insurance company knows they could be required to pay them even more in a jury trial than a settlement. The uncertainty of the outcome often results in the parties to a drunk driving case reaching a settlement, and they probably will too. Due to the unique aspects of a Grand Prairie truck driver accident case, you should seek help from a legal professional as soon as possible. Call today to get started on your case.
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