Can the intoxicated driver raise affirmative defenses to claims made against the car owner after being impleaded?

The correct answer indicates that an intoxicated driver can indeed raise affirmative defenses to claims made against the car owner after being impleaded. Under Rule 14 of the Federal Rules of Civil Procedure, specifically Rule 14(a)(2), a third-party defendant—like the intoxicated driver—can assert defenses against the original plaintiff's claim. This rule allows defendants to bring third parties into a lawsuit in order to distribute liability or to argue that the third-party is responsible for the plaintiff's damages.

In this scenario, when the car owner impleads the intoxicated driver, they are effectively allowing the intoxicated driver to become part of the litigation, giving the driver the opportunity to present defenses related to the claims being made against the car owner. Therefore, the ability to raise affirmative defenses is specifically covered under the procedural rules that govern third-party actions, reinforcing the notion that the intoxicated driver has the right to respond to the claims, potentially impacting the outcome of the case.

Considering the other options, those either misinterpret the rules or incorrectly limit the driver's ability to engage in the litigation process. The comprehensive nature of Rule 14 covers a broad spectrum of claims without requiring additional conditions like court permission for the driver to raise defenses.