Although the prospect of an intoxicated truck driver barreling down I-55 at sixty miles per hour might sound alarming, some in the trucking industry contend that drunk driving is no longer an issue. While the use of stimulants and other drugs might be more prevalent than alcohol in the trucking industry, alcohol-impaired drivers continue to claim lives. Shockingly, stories are still reported by the media of repeat DUI offenders operating tractor-trailers.
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) recently deemed a truck driver with a license in another state to be an imminent hazard to public safety. Based on this determination, the trucker was ordered not to operate his big-rig in interstate commerce. The truck driver was stopped and issued a citation in March 2016 for driving under the influence of alcohol. A blood test of the driver at the time of the citation revealed a blood alcohol concentration (BAC) level of .308 percent. This level of intoxication is seven times the legal limit for driving after consuming alcohol. The tractor-trailer operator also received a citation for possession of an intoxicating beverage while on-duty and failure to maintain a proper logbook. Both violations led to the driver’s immediate change in status to out-of-service.
This unsafe truck driver had a record of prior violations of trucking laws and regulations. These prior violations included three prior convictions for alcohol-related driving violations. In one of these prior incidents, the truck operator refused to submit to a breath test, which led to an eight-month license suspension. The truck driver received a 15-month suspension following yet another DUI incident. Before these incidents, the negligent truck driver was convicted of multiple violations of driving under the influence of alcohol/drugs while operating a commercial motor vehicle, which resulted in a one-year license suspension.
In issuing the Federal Motor Carrier Safety Administration’s imminent hazard out-of-service order, the agency concluded that the trucker’s history “…demonstrates that [the driver] is unwilling or unable to cease operating a commercial motor vehicle while using alcohol.” The agency characterized the risk posed to the public as follows: “[His] continued operation of a commercial motor vehicle…puts the motoring public at imminent risk of serious bodily injury or death….”
When a commercial driver disregards an imminent hazard out-of-service order, the consequences can include a civil penalty not to exceed $2,750 and disqualification from commercial driving for a term that is not less than six months for a first offense. These penalties increase to $5,500 and disqualification for a two-year period for a second offense. Criminal penalties also can be imposed for violation of an imminent hazard out-of-service order.
The FMCSA’s order temporarily limits this driver’s ability to endanger other vehicle occupants, motorcyclists, bicyclists, and pedestrians on Mississippi roadways, but he got far too many bites at the apple. When trucking companies fail to conduct adequate background checks, pre-employment screenings, and chemical testing, dangerous truck drivers like the one involved in this story can seriously endanger public safety.
If a criminal conviction or regulatory violation cannot keep unsafe truck drivers off the road, a civil judgment against the trucking company often provides a motivation for commercial carriers to be proactive. A civil lawsuit could impose a massive judgment or settlement on a trucking company that fails to perform random drug tests or take unsafe drivers out-of-surface.
If you suffer an injury in a tractor-trailer accident in Jacksonville or the surrounding areas, our Mississippi Trucking Accident Attorneys have successfully represented many victims of negligent commercial drivers and trucking companies in obtaining compensation for their injuries. At Barrett Law, we are here to help. Contact our firm today at 800-707-9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.