Who Do You Sue After an Accident Caused By an Intoxicated Truck Driver?

If you were hit by a drunk or impaired truck driver, you may be wondering who exactly you can or should sue to recover damages. There are typically multiple parties that could share liability in these situations.

The Truck Driver

The most obvious party to sue after an accident caused by an intoxicated truck driver is the truck drivers themselves.

Some key points about suing the truck driver:

• They likely have an auto insurance policy that covers accidents they cause.
• Many states require higher insurance minimums for commercial vehicles.
• You can sue the truck driver personally for damages that exceed their insurance coverage.
• Suing the driver establishes their fault, which is necessary if you want to pursue other liable parties.
  
  

The Trucking Company

In most accidents, the trucking company shares some liability too.

Some things to know about suing the trucking company:

• Large trucking firms usually have very high insurance limits, often $1 million or more per incident. This policy would pay out for accidents caused by their drivers.

• Trucking companies are generally seen as having "deeper pockets" to pay claims compared to individual drivers.

• You will need evidence that the driver was actively working and operating within their job duties during the accident. Off-duty drivers may not trigger vicarious liability.

• The company may argue that by drinking on duty, the driver abandoned the course and scope of employment. But many courts have still upheld employer responsibility.
  
  

Alcohol Retailers

If the impaired truck driver became intoxicated right before the crash by drinking at a bar, restaurant, liquor store, etc., then the business that sold them alcohol could potentially be sued as well.

Some key principles apply:

• Most states prohibit businesses from selling alcohol to visibly intoxicated persons.

• You will need to convince the court that the personnel who sold the alcohol should have known the person was already impaired based on visible signs.

• These cases face a high burden of proof and can be difficult to win.

• Awards or settlements in dram shop cases are often paid by the business's liquor liability insurance coverage.
  
  

Product Manufacturers

In rare circumstances, you may be able to sue the manufacturer of a product that contributed to the truck driver becoming impaired prior to an accident.

For example, if evidence shows the medication impacted the commercial driver's ability to drive safely, the drug maker could share some liability.

However, these types of product liability cases face an uphill legal battle and need extensive evidence and expert testimony to prove. They should not form the cornerstone of your lawsuit after a drunk truck driving accident.

Key Decisions About Who to Sue

In your bid to hold professional truck drivers and trucking companies accountable, you may need to make strategic choices about who to actually name as defendants.

Some guidance on deciding who to sue:

• Start by suing parties that clearly share fault, like the impaired truck driver and their employer. Leave out more peripheral defendants at first.

• Only add extra defendants like alcohol vendors or product makers if the primary targets lack enough insurance or assets to fully compensate your significant losses.

• When feasible, just list the primary auto insurance providers for the driver and company as defendants, rather than individuals. Let the insurers sort out details of legal responsibility.

• Consult with an experienced truck accident attorney before finalizing who to include in your lawsuit. Develop an optimal legal strategy based on liability facts, damages, and insurance coverage.

• You can often send statutory notice letters to peripheral defendants making them aware of potential liability without actually filing suit against them yet. This puts them on notice while keeping the actual legal complaint more straightforward.
  
  

Time Limitations On Filing a Lawsuit

Strict time limits apply to taking legal action after any vehicle collision.
The statutes of limitations dictate how long you have to either settle an injury or property damage claim with insurers or file a lawsuit.

For commercial truck accidents, important deadlines include:

• Typically two years from the date of the crash to settle or file suit against the truck driver and their employer. Could be as short as one year or as long as six years, depending on the state.

• Often just 180 days to submit notice of claim to a government entity if the truck driver worked for a state or municipal agency.

• Potentially as little as 30 days to notify a public transit authority of your intent to file suit after an accident involving one of their vehicles.

• One or two years for dram shop liability claims against businesses that served alcohol to the impaired driver.

An experienced attorney can advise you on the exact statute of limitations and notify requirements that apply to your drunk trucker accident scenario under local law.

Elements Required to Win These Lawsuits

To have a strong claim against parties like the trucking company, alcohol vendor, or product manufacturer, you need to prove certain key elements about causation and reasonable foreseeability.

An attorney can help develop the best evidence and arguments, which may include:

• Police reports and blood tests showing the truck driver had a blood alcohol level over the legal limit for commercial operators when the crash occurred.

• Eyewitness accounts, video footage or other evidence indicating visible signs of impairment such as slurred speech or difficulty walking leading up to the accident.

• Expert testimony from specialists in toxicology, accident reconstruction, or the trucking industry itself to speak to standards and causation.

• Truck's "black box" data and driving logs to demonstrate safety violations or erratic operation patterns prior to the crash.

• Test results and medical records proving you suffered physical injuries as a direct result of the collision.

• Photographs and repair estimates to quantify vehicle damage sustained in the drunk driving incident.

• Wage verification and medical bills to calculate past and future income losses, health care costs, and other damages caused by the crash.

Building a compelling argument backed by evidence takes legal skill and resources. Hiring an attorney experienced in handling truck accident claims can make the difference in constructing a strong case and winning appropriate compensation.

How Much Can I Recover by Suing After a Drunk Trucker Accident?

The amount of money damages you may be able to recover by pursuing legal action after a drunk truck driving accident depends on several factors, including:

• Extent of injuries and losses: Severe injuries that result in permanent disabilities or major ongoing medical treatment will warrant higher payouts than minor soft tissue strains. Significant damage to vehicles and property also increases potential rewards.

• Insurance coverage limits: Most accident settlements and court verdicts are capped by the liable parties' applicable insurance limits. Policies for commercial trucks are often $1 million or more, allowing larger recoveries for worthy cases.

• Defendants' personal assets: If damages exceed insurance coverage, collecting additional payouts from individual defendants' personal assets is possible but challenging. Wage garnishment tapping ongoing income streams may be an option.

• Shared liability: If multiple defendants are each found partially at fault, the judgment may be divided across the parties in proportion to their allocated percentages of responsibility. So you collect a share from each entity.

• State damage caps: Some states limit or "cap" damage amounts in certain types of cases like personal injury suits. Experienced local counsel can advise on applicable laws capping rewards.

Recovering fair compensation after a truck accident requires strategic thinking and effective negotiation skills. An attorney well-versed in truck accident claims can build maximal leverage for getting you full, just payment for your losses.

Should I Settle or Go to Court After a Drunk Trucker Crash?

You typically have two options: either settling your injury or property damage claim out of court, or taking legal action by filing a personal injury lawsuit.

Key factors in deciding between settlement or litigation include:

Settlement Pros

• Typically faster payment
• Avoid risks & stress of trial
• Lower legal fees
• Control over negotiations

Litigation Pros

• Public assignment of fault
• Potential for higher rewards
• Chance to block reduced offers
• Legal proof through a court verdict

Most truck crash cases settle before reaching a jury trial. But drunk driving incidents that result in catastrophic injuries, major losses, or insurance disputes may require courtroom litigation to achieve fair compensation.

An experienced attorney can advise on the best path after evaluating the evidence, damages, insurance coverage, and liable parties in your particular drunk trucker accident case. Taking time to choose the right approach can pay dividends in the long run.

In Conclusion

Coping with the aftermath of a truck collision caused by an impaired driver adds extra frustration and stress to an already difficult situation. But understanding your legal rights and options empowers you to take positive action.

Suing liable parties like the negligent driver, their trucking company employer, alcohol vendors that over-served them, or others that contributed to the incident can provide accountability and help you recover damages.