Personal Injury and Wrongful Death
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Who Can I Sue When I Have Been
Hit by a Drunk Semi Truck Driver?

If your loved one has been injured or killed by a drunk semi truck driver, you may be able to sue any of the following, depending on the facts of your case:

  • Semi truck driver that hit you while intoxicated
  • A trucking company (there may be more than one involved)
  • The owner of the semi cab
  • The owner of the trailer
  • The owner of the freight
  • A bar or restaurant where the semi truck driver drank alcohol before getting behind the wheel (dram shop liability)
  • Others

These cases are complex, and our lawyers take legal measures to obtain all relevant corporate documents to determine ownership and corporate responsibility. In addition, the insurance companies that insure the above parties are usually contractually obligated to defend their insureds in these cases and pay out any settlement or verdict amounts to accident victims and their families.

Trucking Company Liability and Federal Regulations Regarding
Commercial Truck Driver Drug and Alcohol Use and Testing

Under federal commercial transportation regulations, trucking companies are required to prohibit drivers with an alcohol concentration of 0.04 or greater from driving a commercial truck, to do substance testing, to request alcohol and controlled substances
information from previous employers and take other measures to prevent their drivers from driving drunk or under the influence of drugs.

If a trucking company violates these federal regulations, it is evidence of negligence and possibly grounds for a claim for punitive damages.

These regulations are found at 49 CFR Chapter III - Part 382:

Sec. 382.201  Alcohol concentration.

No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. No employer having actual knowledge that a driver has an alcohol concentration of 0.04 or greater shall permit the driver to perform or continue to perform safety-sensitive functions.

Sec. 382.205  On-duty use.

No driver shall use alcohol while performing safety-sensitive
functions. No employer having actual knowledge that a driver is using alcohol while performing safety-sensitive functions shall permit the driver to perform or continue to perform safety-sensitive functions.

Sec. 382.207  Pre-duty use.

No driver shall perform safety-sensitive functions within four hours after using alcohol. No employer having actual knowledge that a driver has used alcohol within four hours shall permit a driver to perform or continue to perform safety-sensitive functions.

Sec. 382.209  Use following an accident.

No driver required to take a post-accident alcohol test under Sec. 382.303 shall use alcohol for eight hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.

Sec. 382.211  Refusal to submit to a required alcohol or controlled substances test.

No driver shall refuse to submit to a post-accident alcohol or
controlled substances test required under Sec. 382.303, a random alcohol or controlled substances test required under Sec. 382.305, a reasonable suspicion alcohol or controlled substances test required under Sec. 382.307, or a follow-up alcohol or controlled substances test required under Sec. 382.311. No employer shall permit a driver who refuses to submit to such tests to perform or continue to perform
safety-sensitive functions.

Sec. 382.213  Controlled substances use.

(a) No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a licensed medical practitioner, as defined in Sec. 382.107, who has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle.

(b) No employer having actual knowledge that a driver has used a controlled substance shall permit the driver to perform or continue to perform a safety-sensitive function.

(c) An employer may require a driver to inform the employer of any therapeutic drug use.

Sec. 382.215  Controlled substances testing.

No driver shall report for duty, remain on duty or perform a safety-sensitive function, if the driver tests positive or has adulterated or substituted a test specimen for controlled substances. No employer having actual knowledge that a driver has tested positive or has adulterated or substituted a test specimen for controlled substances shall permit the driver to perform or continue to perform safety- sensitive functions.

Sec. 382.301  Pre-employment testing.

(a) Prior to the first time a driver performs safety-sensitive functions for an employer, the driver shall undergo testing for controlled substances as a condition prior to being used, unless the employer uses the exception in paragraph (b) of this section. No employer shall allow a driver, who the employer intends to hire or use, to perform safety-sensitive functions unless the employer has received a controlled substances test result from the MRO or C/TPA indicating a verified negative test result for that driver.

Sec. 382.307  Reasonable suspicion testing.

(a) An employer shall require a driver to submit to an alcohol test when the employer has reasonable suspicion to believe that the driver has violated the prohibitions of subpart B of this part concerning alcohol. The employer's determination that reasonable suspicion exists to require the driver to undergo an alcohol test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver.

(b) An employer shall require a driver to submit to a controlled substances test when the employer has reasonable suspicion to believe that the driver has violated the prohibitions of subpart B of this part concerning controlled substances. The employer's determination that reasonable suspicion exists to require the driver to undergo a controlled substances test must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. The observations may include indications of the chronic and withdrawal effects of controlled substances. . . .

(2) Notwithstanding the absence of a reasonable suspicion alcohol test under this section, no driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol misuse, nor shall an employer permit the driver to perform or continue to perform safety-sensitive functions, until:

(i) An alcohol test is administered and the driver's alcohol
concentration measures less than 0.02; or

(ii) Twenty four hours have elapsed following the determination under paragraph (a) of this section that there is reasonable suspicion to believe that the driver has violated the prohibitions in this part concerning the use of alcohol.

(3) Except as provided in paragraph (e)(2) of this section, no
employer shall take any action under this part against a driver based solely on the driver's behavior and appearance, with respect to alcohol use, in the absence of an alcohol test. This does not prohibit an employer with independent authority of this part from taking any action otherwise consistent with law.

(f) A written record shall be made of the observations leading to an alcohol or controlled substances reasonable suspicion test, and signed by the supervisor or company official who made the observations, within 24 hours of the observed behavior or before the results of the alcohol or controlled substances tests are released, whichever is earlier.

Sec. 382.401  Retention of records.

(a) General requirement. Each employer shall maintain records of its alcohol misuse and controlled substances use prevention programs as provided in this section. The records shall be maintained in a secure location with controlled access. . . .

Sec. 382.413  Inquiries for alcohol and controlled substances information from previous employers.

Employers shall request alcohol and controlled substances
information from previous employers in accordance with the requirements of Sec. 40.25 of this title.

Sec. 382.501  Removal from safety-sensitive function.

(a) Except as provided in subpart F of this part, no driver shall perform safety-sensitive functions, including driving a commercial motor vehicle, if the driver has engaged in conduct prohibited by subpart B of this part or an alcohol or controlled substances rule of another DOT agency.

(b) No employer shall permit any driver to perform safety-sensitive functions; including driving a commercial motor vehicle, if the employer has determined that the driver has violated this section.

Sec. 382.505  Other alcohol-related conduct.

(a) No driver tested under the provisions of subpart C of this part who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform or continue to perform safety-sensitive functions for an employer, including driving a commercial motor vehicle, nor shall an employer permit the driver to perform or continue to perform safety-sensitive functions, until the start of the driver's next regularly scheduled duty period, but not less than 24 hours following administration of the test. . . .

Sec. 382.601  Employer obligation to promulgate a policy on the misuse of alcohol and use of controlled substances.

(a) General requirements. Each employer shall provide educational materials that explain the requirements of this part and the employer's policies and procedures with respect to meeting these requirements. . . .

How Much Money Can I Get After I Have Been
Hit by a Drunk Semi Truck Driver?

If you or a loved one has suffered a traumatic brain injury (TBI), spinal injury, burn injury, amputation or other injury resulting from being hit by a drunk semi truck driver, the following may be sought from all responsible parties:

  • Medical expenses
  • Lost income
  • Pain and suffering
  • Emotional distress
  • Disability
  • Disfigurement (scarring, amputation, etc)
  • Loss of quality of life
  • Other losses or expenses

For more information, read "How Much Money is My Truck Accident Case Worth?"

Contact Attorney Fred Pritzker

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