Truckers Under the Influence
All drivers know better than to drink or use drugs before getting behind the wheel. Yet every day, countless drivers of both passenger cars and commercial vehicles drive while intoxicated or under the influence of drugs. While any intoxicated driver is a danger, that risk multiplies when the driver is operating a tractor trailer weighing 80,000 pounds. Driving a large truck is serious business and even the most alert drivers can make mistakes. When a truck driver is drunk or high, the consequences can be deadly.
The truck injury lawyers at Terry, Terry & Stapleton are aware of the dangers of truckers under the influence of alcohol and drugs. We know that federal law mandates drug testing and that not all companies are diligent about routine testing. We also know that when a drunk or drugged truck driver causes serious injury to you or a member of your family, you deserve legal representation from a firm committed to holding the negligent driver and/or company accountable.
Call our tractor trailer accident attorneys today at 877-489-5411 or contact us online for help with your legal case. The initial review is free. We represent clients throughout Tennessee, including Rogersville, Newport, Morristown, Knoxville, Kingsport, Johnson City, Jefferson City and Greeneville. When you become our client, you’ll be represented by a team of attorneys with over 48 years of hands-on experience.
Zero Tolerance on Drug, Alcohol Abuse
Trucking companies are supposed to uphold a “zero tolerance” policy regarding truck driver drug or alcohol abuse. Federal regulations make it illegal for any truck driver to use alcohol or controlled substances while on duty or within 4 hours of performing certain job functions. Drivers of commercial vehicles including trucks are also held to a higher standard than a driver of a passenger car when it comes to DUI laws. Anyone holding a CDL (commercial driver’s license) can be charged with drunk driving if his or her blood alcohol content registers .04.
Trucking companies are also required to conduct random drug and alcohol tests, and they can conduct further tests if they suspect a driver is violating the law. If a truck driver is involved in any accident involving a severe or fatal injury, he or she must be tested for drugs and alcohol – and the driver isn’t allowed to use alcohol within 8 hours of the accident to allow for adequate time for testing.
However, the reality is often different. Companies don’t always conduct random testing – or they may fail to do so frequently enough to meet the requirements of the law. After an accident, if a company suspects that the driver was, in fact, drunk, they have a dilemma. If the driver had a previous substance abuse problem and the company knew about it, they can be liable for the driver’s drunk driving. If, however, the police don’t test the driver immediately and the driver isn’t tested within 8 hours, certain drugs won’t show up in a later test. The trucking company may pay a fine for failing to make sure the driver was tested, but that fine will probably pale in comparison to the damages associated with a potential lawsuit.
Another factor in trucker substance abuse is the use of drugs to stay awake. Methamphetamines, or speed, are often used by drivers who are sleepy from lack of rest breaks. Driving long hours in the middle of the night is difficult for anyone, let alone a trucker who has been going for 10 hours straight and is in dire need of sleep. The rest break may cost him much more in lost compensation than a supply of methamphetamine pills. While speed can keep a driver awake, it can also disturb a driver’s concentration and affect his or her reactions on the road.
Help For Your Tennessee Truck Accident Claim
When a truck driver is involved in an accident and drug or alcohol abuse is suspected, immediate action must be taken to thoroughly investigate the accident and preserve all evidence before it can be destroyed. At Terry, Terry, & Stapleton, we work quickly following an accident with a suspected drunk or high truck driver. Some of the steps we can take if contacted immediately include:
- Obtain police reports and hospital reports;
- Subpoena field sobriety evaluations and any breath or blood test evidence;
- Gather evidence at the crash site, including empty prescription bottles, OTC medication packaging, illegal drugs and drug paraphernalia.
At Terry, Terry & Stapleton, our tractor trailer accident attorneys have worked hard to develop a reputation for success. If you have been injured in a trucking accident, including tractor trailer collisions on nearby Interstate highways I-81, I-40, I-26 or I-75, we will perform a thorough investigation of your case, including examining both the direct and indirect causes of your accident. Our extensive experience in truck accident cases means we know how to prove driver negligence. With our team of truck accident attorneys on your side, you can rest assured that you are represented by talented, dedicated professionals. Don’t delay.
Contact our Tennessee truck accident lawyers today. Call Terry, Terry & Stapleton at 877-489-5411 or use our online contact form to arrange a free consultation.
