Posts

FMCSA Sets Higher Standards for Random Drug Testing of Truck Drivers Than for Rail, Vessel and Aviation Segments of Economy

When vehicles weighing thousands of pounds and traveling at freeway speeds collide, the result can by permanent debilitating injuries and fatalities. The danger increases when one of the vehicles is an 80,000 pound fully loaded tractor-trailer. When the driver of the forty ton big-rig is under the influence of alcohol or drugs, the potential danger posed to others on Mississippi roadways rises to alarming levels. Despite this frightening reality, commercial drivers often opt to use drugs to cope with pressures at home, boredom on the road, and fatigue behind the wheel. Although the Federal Motor Carrier Safety Administration (FMCSA) continues to regulate the trucking industry by imposing screening procedures that target intoxicating substances, the threat to public safety caused by impaired truck drivers has not disappeared.

 

The magnitude of the problem is reflected by the continued priority that the federal government places on substance abuse testing of tractor-trailer operators. While federal safety regulators impose random drug testing on many people employed in the transportation industry, the level of testing by the FMCSA exceeds similar testing by the Federal Aviation Commission, Federal Railroad Administration, and other agencies under the auspices of the Department of Transportation (DOT).

 

The FMCSA found that random drug sampling in 2015 remained at the same 50 percent rate as the prior year. This level of testing requires trucking companies to perform one random drug test for every two drivers. If the trucking company employs 250 drivers, for example, the company will be required to administer 125 random drug tests. This fifty percent standard is double that set by the federal government for most other transportation agencies during the same period, which include the following: Federal Aviation Commission, Federal Transit Authority, United States Coast Guard, Federal Railroad Administration, and the Pipeline & Hazardous Materials Safety Administration.

A worldwide study of the use of intoxicating substances by truck drivers that was published in the Occupation and Environmental Journal was noted by the FMCSA in comments to Reuters, “Safety is our number one priority and the FMCSA has strict requirements on pre-employment screening and random and post-accident drug and alcohol testing….”

The study also found that certain truck drivers were more likely to be prone to test positive for drugs or alcohol. Offending drivers were more typically young and inexperienced. Offending drivers were also prone to working nighttime shifts and navigating longer routes. The companies that employed these drivers also tended to be small to medium firms as opposed to large trucking companies. The authors of the study speculated that perhaps larger trucking companies can provide higher salaries and better working conditions. They also suggested that larger trucking companies might be less prone to demand longer driving times and short rest periods, which provide a motivation to use amphetamines, cocaine, marijuana, and other controlled substances that fight stress, fatigue, and boredom.

Despite federal regulations that mandate screening for intoxicating substances and random drug testing, commercial carriers that disobey these requirements continue to permit drug-impaired truck drivers to navigate our roadways. If you or your love one is injured by a drug-impaired truck driver, you may have a legal claim for damages against the negligent truck driver and/or the indifferent trucking company that fails to conduct required screening, to report infractions, and/or to implement appropriate disciplinary action.

If you have been injured in a commercial trucking accident in Jacksonville or the surrounding areas, our Mississippi Truck Accident Lawyers have successfully represented many victims of negligent truckers and commercial carriers 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.

 

/by

Medical Emergency that Caused the Truck Accident May be Driver Negligence

It is estimated that between three and five percent of traffic accidents are caused by medical emergencies.  These can be sudden and unexpected, such as when a healthy adult has a heart attack and loses control of the vehicle.  These crashes also can be caused by a medical condition that was known to the driver, who took the chance with his life and the lives of other people on the road that he would not suffer from an event that resulted in a serious accident.

In February 2014, a truck driver suffering from a medical condition caused a fatal accident in Mississippi.  A Louisiana truck driver experienced a medical event that resulted in him veering across Interstate 10 near D’Iberville and impacting another vehicle driven by a musician, according to a Fox 10 news story.  The collision killed the musician.  The truck driver apparently died as a result of the medical emergency rather than from the crash impact.  This accident could have been far worse because the truck driver was hauling hazardous materials, but these did not spill onto the roadway.  Although the nature of the medical condition was not disclosed, it is possible that this fatal accident could have been prevented if the truck driver had taken the appropriate actions in light of a known medical condition.

Many times, accidents involving large trucks are caused by driver negligence, faulty equipment, overloaded trailers, or dangerous road conditions.  Sudden medical emergencies are relatively rare.  However, when they happen in a tractor-trailer, they usually cause dangerous accidents.  If the driver was aware of the medical condition, he and the trucking company for which he worked could be liable for the harm that the accident caused.

In order for a truck driver to operate a tractor-trailer, he must get the appropriate training, obtain a commercial vehicle license, and then get any additional certifications necessary to drive specific types of vehicles.  The trucking company is required to conduct a thorough assessment of the driver’s skills and temperament and conduct a background check.  This review should reveal any known medical conditions that could compromise the driver’s ability to safely operate a large truck.  The driver has an obligation to reveal any known medical conditions that might impact operation of a commercial truck, but many times this is not done.

The shortage of qualified truck drivers who are working today means that there is great value in keeping a truck driver on the road and hauling goods for a trucking company.  This could lead to a trucking company realizing that there is a potential problem and having the driver visit a company-selected doctor who is more likely to give the driver a clean bill of health.  The Federal Motor Carrier Safety Regulations (FMCSRs) require a specific level of truck driver fitness.  When drivers and the trucking companies attempt to circumvent these regulations, serious crashes may result.  It is estimated that more than half a million truck drivers on the road have a dangerous medical condition, whether known or unknown.  If a driver negligently ignores the risk that a known condition poses, he should be held accountable for the harm that he caused.

Although there are accidents that are caused by a sudden medical emergency that could not have been prevented, there are many other devastating crashes that never would have occurred but for the negligence of the truck driver and, possibly, the trucking company.  In situations like these, it is critical to have skilled and dedicated truck accident attorneys like Barrett Law PLLC.  We will investigate thoroughly the facts of the crash and determine whether there was evidence of knowledge about the medical condition or whether the driver should have known about the problem.  To discuss the circumstances of what happened to you or a loved one, call us at (800) 707-9577 to schedule an initial consultation. We do not receive a fee unless we recover compensation for you.

/by