Alcohol, Drug Abuse, Truck Accidents
Big rig truck accidents will continue to increase over the years and have so over the past decade. With these large vehicles on the road overshadowing small passenger vehicles at every right of way –
powerful truck industry lobbyists continue to call for the weakening of truck safety rules and regulations to keep a larger profit for themselves.
Of truck accident related deaths, over 96% of all fatal crash drivers are male.
Trucking revenues topped more than $610 billion last year and revenues are forecasted to double by the year 2015. While commercial trucking growth is good news for the drivers, the industry, and the American economy there is continuing fear amongst small passenger vehicle drivers that the road is dominated by. In a recent study involving tractor trailer accidents, nearly 98% of fatalities occur to the individuals in the small vehicles – not the truckers.
Federal regulations have established a strict guideline on alcohol, marijuana, methamphetamine, and other drug use by truck drivers. These regulations were designed to impose proper and regular testing by truck carriers to ensure that small passenger vehicles are safe on the road.
If you or a loved one have been injured in an accident involving trucks, learn more about your legal rights by contacting the law offices of McEwen Law Firm today for a free, no obligation consultation. Call toll free (800) 732-3070. We practice in truck accident litigation nationwide and will evaluate your case at no cost to you.
Truck Driver Alcohol & Drug Abuse
For many commercial truck drivers, drug and alcohol use are simply a part of daily operation. Commercial Driver Licenses (CDL’s) are required by drivers to be in operation of such vehicles. CDL licenses require routine drug and alcohol testing by truck carriers.
Alcohol use by a truck driver can cause serious impairment including poor decision making, blurry vision, distractions, and slowing reaction times. The Federal Government limits truck drivers to a Blood Alcohol Content (BAC) level of 0.02.The Department of Transportation is responsible for reviewing and enforcing such regulations amongst truck drivers.
The most commonly used drug amongst tractor trailer drivers according the the National Transportation Safety Department is marijuana. Many truck drivers believe that marijuana can help them drive safely. In reality, marijuana use has been shown to be a leading cause of truck accident fatalities drug to slow reaction time, poor concentration, and weak perception of other driver’s proximity.
Another commonly abused drug amongst truck drivers is methamphetamine (meth). As the leading cause of trucking related injuries and fatalities, trucker fatigue continues to dominate the causes of accidents. Despite Federal regulations to limit the number of hours they can drive per day, truckers are consistently looking for new ways to stay awake longer in order to make more money. For truck drivers, meth is an easy pick-me-up providing a cheap stimulant effect lasting for 8 hours or more. Side effects of the drug include jitters, hand shaking, teeth chattering and grinding, paranoia and fear, increased by uncontrolled alertness, and sudden fatigue (losing the high).
It is the responsibility of the truck driver and truck carrier to properly provide safe operation of their vehicles for the other drivers on the road.
Truck Driver Alcohol & Drug Use Testing
1. Using Alcohol On The Job: Truck drivers are not allowed to use alcohol with 4 hours of their designated shift or during the operation of a vehicle. This regulation also applies to when drivers are performing a safety inspection of their vehicles for brake, headlight, weight, or other safety issues.
Our truck accident lawyers will investigate these tests and request copies performed on the driver prior to the accident. Failure by the carrier to provide such evidence is beneficial to the case of the truck accident victim.
2. Using Drugs While On Duty: Unless under the advisement of a licensed physician, truck drivers are not allowed to use any controlled substance prior to or during the operation of their commercial vehicle. Any controlled substance advised as necessary by a physician must be considered safe to use while in control of the vehicle.
Our truck accident lawyers will investigate by requesting copies of these drug tests to understand the state of the driver before the accident occurred. Further investigation would be required to understand the truck driver’s prior drug use history with previous employers.
3. Drug & Alcohol Use Prior To Employment: Truck accident injury lawyers are trained to properly investigate the background history of a commercial truck driver all the way back to when they were first hired by the truck carrier. The pre-employment drug and alcohol tests need to be acquired by the law firm representing the victim of a crash in order to properly prepare their case against the carrier.
Free, No Obligation ConsultationThe lawyers at the McEwen Law Firm provide expert consultation, legal advice, and representation for persons injured in semi truck accidents. We’ve successfully accepted and resolved trucking injury cases nationwide. Our truck accident lawyers, paralegals, and legal professionals are trained to investigate, carefully handle, negotiate, prepare, and develop truck accident cases from start to finish. One of our truck accident attorneys, Peter Kestner has extensive experience with truck accident cases, both as a private attorney and representative for trucking companies. His intimate knowledge of the truck industry, and the Federal regulations that govern it, give his current practice a unique edge—and his clients a distinct advantage. If you or someone you love has been in a truck accident, you may be entitled to compensation to cover medical expenses, rehabilitation, lost wages, pain and suffering. Our law firm will help you navigate the legal process, from start to finish, from building a strong case to recovering the money you and your family deserve. To contact the McEwen Law Firm for a free consultation you can call us toll free at (800)732-3070 or contact a lawyer to get started with your truck accident lawsuit online. Our consultations are confidential and there is no obligation. The best part is – you won’t pay any fees unless we win your case. (800) 732-3070 |
