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Trucker Ordered Out-Of-Service after Multiple Convictions of DUI

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.

 

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What Victims Should Know about Post-Accident Drug Testing of Truck Drivers

While a drug impaired driver barreling down Interstate 55 at 70 mph is an inherently frightening prospect, the potential danger to other motorists increases significantly when the drugged driver is operating a forty-ton fully loaded big-rig.  The Federal Motor Carrier Safety Administration (FMCSA) imposes regulations that require employers to conduct a drug test of drivers involved in trucking accidents as soon as practicable after a crash on a public roadway engaged in interstate commerce (i.e. operating across state lines) though not under all circumstances.  Experienced trucking accident attorneys recognize the importance these regulations.  Critical evidence of negligence can be preserved for victims of stoned truck drivers and indifferent commercial carriers that cut costs by skirting drug testing procedures and ignoring evidence of drug testing violations.  This blog post provides an overview of key information that vehicle occupants injured in a trucking collision should know about post-crash trucking procedures.

Will all truck drivers automatically be tested pursuant to federal regulations following an accident?

Unfortunately, the requirement that commercial drivers submit to a drug test following a crash is not a universal requirement.  Federal regulations set forth at 49 CFR 382.303 establish the conditions that make testing mandatory.  An employer must compel a post-accident drug test in the following situations:

  • The trucking accident resulted in a fatality.
  • The commercial driver received a citation for a moving violation under state or local law within 32 hours of the crash and either of the following apply: (1) a vehicle was disabled and had to be towed from the scene of the collision; or (2) someone needed to be transported away from the scene for medical attention.

The obvious gaps in this testing policy involve situations where a trucking collision causes injury or disables a vehicle but no citation is issued by law enforcement authorities to the truck driver.  The scenarios above are the only post-accident circumstances that mandate or authorize post-crash testing under FMSCA/DOT authority.  Therefore, our Mississippi trucking accident lawyers also investigate the internal drug testing policies of the commercial carrier, which often go beyond the federal requirements.  Drug use violations detected through these supplemental testing procedures or failure of a trucking company to comply with its own procedures also can provide evidence of negligence.

Can law enforcement drug or alcohol testing serve as a substitute for mandatory post-collision drug testing?

When law enforcement authorities administer DUI chemical testing of breath, blood, or urine under state law, this drug testing can take the place of employer testing under specific circumstances.  Because there can be delays that result in delays in testing by employers, individuals injured in trucking accidents can benefit from calling certain facts to the attention of law enforcement investigators.  Motorists who notice signs of potential intoxication, such as slurred speech, lack of coordination, erratic driving, watery bloodshot eyes, or other evidence of impairment should alert crash investigators.  This information can furnish facts justifying a chemical test that identifies a substance impaired truck driver.  If law enforcement administers a DUI chemical test test, the results must be made available to the attorneys of the parties and the commercial carrier in subsequent trucking litigation.

What procedural requirements ensure that drug testing results will be an accurate reflection of violations of drug or alcohol use rules for commercial drivers?

When testing is necessitated under FMSCA regulations following a collision, the testing must be conducted by a lab authorized by the Department of Health and Human Services.  An injury victim’s attorney has a right to obtain the results if the outcome of the test is positive.  However, the accuracy of FMSCA drug screening is compromised to some extent because only urine testing can be mandated.  Illicit narcotics and prescription drugs can be detected for a much longer period through hair follicle testing, which has prompted legislative proposals to authorize the use of hair follicle testing.

What penalties must be imposed if a truck driver fails a post-crash drug test?

A number of penalties will be imposed on a commercial driver who does not pass a drug test after a collision, which include the following:

  • Evaluation by a substance abuse professional
  • Removal from safety-sensitive functions
  • Minimum of six periodic drug test during the subsequent year following a return to duty
  • Successful passage of a test

Our Mississippi Trucking Accident Attorneys at Barrett Law recognize the hardships that face individuals injured in semi-truck crashes, and we are here to help.  Contact our firm today at 800.707.9577 to schedule your free consultation, so we can evaluate your situation and discuss your right to financial compensation.

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Broker Can Be Liable for Trucking Accidents Caused by Negligent Hiring of Motor Carriers

Commercial truck drivers who have not been properly screened pose a significant danger to the safety of Mississippi motorists.  Tractor-trailers transporting a maximum load dwarf the average economy car by 75,000 pounds or more.  Given the devastating consequences of negligent operation of these large motor vehicles, commercial carriers have a duty to exercise prudence and care when evaluating potential drivers who will be entrusted with the task of navigating our roadways.  The size of these trucks means that collisions tend to result in more severe injuries than a collision between two passenger cars.  However, safe operation of a big-rig also requires special skill because of challenges posed by their size, weight, required braking distance, blind spots, and similar features.  In recent years, the issue of negligent hiring has become a more pervasive basis for liability involving brokers who facilitate arrangements between commercial carriers and shippers.

Generally speaking, a broker in this context involves an entity or individual that accepts a fee to coordinate a shipping arrangement between a motor carrier and a shipper transporting property.  Brokers function as the middleman who facilitates the relationship between the parties to the shipping relationship (i.e., the shipper and commercial carrier/driver).  The drivers typically are signed on as independent contractors, so the broker has no direct involvement in the transportation of the goods.  This scheme often is used by brokers to avoid liability claims for the negligent practices of truck drivers who are involved in accidents.

While this approach has been used in the past to circumvent liability, brokers can be held responsible for negligence in hiring a carrier.  Brokers have a legal duty to exercise reasonable care when retaining a carrier, which involves examining the trucking company’s claim history, safety records, and insurance status.  Despite this duty, many brokers place the maximization of profits above ensuring that the trucks transporting goods on our roads are driven by competent drivers and properly maintained fleets.  The selection of a driver often is based on which carrier provides the lowest bid with much less attention paid to records regarding the performance and safety of the carrier.  This focus on cost is important because carriers with drivers that are the least experienced and that have the worst records in terms of accidents and safety violations tend to be the least expensive.  Further, carriers who have poor maintenance records also tend to submit lower bids because of the competitive advantage that comes from spending less on compliance cost and fleet maintenance.

When individuals are injured in a jackknife crash, rollover, runaway trailer, carriage underride, or other trucking accident, the broker will not usually be determined to be directly negligent since someone else was operating the tractor-trailer.  However, the broker can still be liable for negligence by the commercial carrier and its driver for exercising a lack of care in hiring the carrier to undertake the job.  At a minimum, the broker must review the carrier’s safety statistics, evaluations and internal records regarding the trucking company’s safety performance.

The use of independent contractor arrangements are just one strategy used by the trucking industry to mitigate liability for catastrophic injuries and wrongful deaths caused by commercial drivers and carriers.  An experienced trucking accident lawyer can help you navigate your way through these tactics.  At Barrett Law, our Mississippi Trucking Accident Attorneys understand car accident victims often feel overwhelmed, and 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 your right to financial compensation.

 

 

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Mississippi Trucking Accident Attorneys Discuss Accidents Caused by Shifting Loads

A truck driver was recently killed in a single-vehicle accident on Highway 9. The wreck occurred when the eighteen-wheeler that he was driving went off of the road. As the truck left the roadway, it went over two ditches, hit a power pole, crashed through a fence and eventually came to a stop near a tree. The driver of the truck was trapped inside of his truck and tragically died before he could be freed from the wreckage by rescue workers.

While this tragic eighteen-wheeler crash is still being investigated, it has been noted that it is possible that the accident may have happened when the load that the driver was hauling shifted. The shifting load may have caused the driver to lose control of the truck. The eighteen-wheeler was carrying a load of aluminum coils at the time that the accident occurred. Shifting loads have been implicated as the cause of some tractor trailer accidents. Cargo on a flatbed or in a trailer can sometimes move around as the truck moves along the road. When cargo moves, the weight of the load shifts, and the shift of the weight can be dramatic enough to cause the driver to lose control of their truck.

Truck drivers can reduce the likelihood that cargo will shift during transit by securing loads properly. Also, keeping loads to a safe weight can reduce the chance of a crash. Some trucking accidents caused by shifting cargo do still occur even when loads are a proper weight and are secured well, but taking those precautions reduces the risk dramatically.

There are some things that can contribute to tractor trailers being on the road with overweight or improperly secured loads. Although truck drivers are supposed to look over their trucks to ensure that they are loaded properly, some drivers may take the time to do so every time they go out onto the road. Sometimes, trailers are loaded by workers before the truck driver picks them up. In these situations, the driver is often expected to just attach the trailer to their truck and be on their way. This seems like an efficient way to manage shipping operations, but it does create some room for error as far as safety is concerned. Accident risk from unsafe loads also increases when drivers are pressured by their employers to load their trucks to maximum capacity or even beyond it, in order to increase profits.

Barrett Law PLLC:  Representing Mississippi Trucking Accident Victims and Their Families

Trucking accidents have the potential to cause death, injury, and large amounts of destruction. If you were hurt in a trucking accident or if someone that you love died in a tractor trailer wreck, the Mississippi trucking accident attorneys at Barrett Law PLLC are here to help you. Our team of Mississippi Trucking Accident Attorneys is dedicated to helping you and your family, so please call our office today at 1 (800) 707-9577 to schedule a free consultation.

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Mississippi Trucking Accident Attorneys Discuss the Dangers of Hazardous Materials

When tractor trailers crash, there is always the potential for a great deal of destruction in addition to serious and even fatal injuries. One recent accident in Lawrence County illustrates how the damage caused by a tractor trailer accident can be even greater than usual, depending upon what the truck is carrying. In that accident, a tanker full of gasoline flipped over. After the accident, multiple roads in the area where the accident occurred were closed for many hours while emergency crews from multiple agencies worked to contain the gasoline with foam, prevent fires and explosions, and remove the wreckage from the roadway.

Fortunately, the human cost of this accident was small in comparison to what it could have been. Property damage and environmental damage were the greatest concerns associated with this particular accident. The truck driver, who was wearing a seat belt at the time of the crash, received only minor injuries. Officials say that more serious injuries or death could easily have resulted from a crash like this.

The accident appears to have been caused by brake failure. Because of that, this crash serves as a reminder of the potential for tractor trailer wrecks to be caused by, e.g., design defects in the manufacture of a truck or its component parts and improper truck maintenance. The construction, care, repair, and daily inspection of the trucks that are used to carry so many things on so many roads every day are all factors that can affect the accident risk associated with these trucks.

Accidents involving tractor trailers are often very serious because they are both large and heavy vehicles. Additionally, the cargo contained by some trucks, like the aforementioned tanker full of gasoline, can be very dangerous if it is released from the truck during an accident.  Gasoline and other hazardous materials can cause death, serious injuries, environmental damage and property damage. Even substances that are not flammable or explosive can pollute water supplies, corrode road surfaces, or release toxic fumes.

Many Americans do not know just how often accidents involving hazardous substances occur. In the ten year time period between 2004 and 2013, over three thousand accidents occurred which involved trucks and hazardous substances. Over ninety people died, hundreds of people were hurt, and the estimated cost of property and environmental damage associated with these crashes is in excess of four hundred and fifty million dollars.

Barrett Law PLLC:  Helping Mississippi Accident Victims and Their Families

Trucking accidents can cause a lot of damage, both in terms of death and serious bodily injury and in terms of property damage. When hazardous cargo is involved, there is an even greater potential for injury and loss. If you were injured or someone that you love was killed as the result of an accident involving a tractor trailer, the experienced and dedicated Mississippi Personal Injury Attorneys at Barrett Law PLLC would like to help you. Please call us today, at 1 (800) 707-9577 to schedule your free, initial consultation.

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Mississippi Trucking Accident Attorneys Talk About Rental Truck Accidents

When people need to move large amounts of stuff from one place to another, they may choose to rent a truck to get the job done. With a truck like those that you can rent from U-Haul, Ryder, and other truck rental businesses, you can do tasks like moving the contents of a home or an apartment to another home or apartment, hauling building materials for a big home improvement project home from the store, and much more, without hiring a moving company or a driver. Rental trucks range in size from fairly small to surprisingly large, considering that non-commercial drivers are allowed to operate them. Unfortunately, some of the people who rent trucks are completely unfamiliar with how to safely drive vehicles that are larger than the car that they drive every day.

As you might imagine, inexperienced, careless, or unskilled drivers in rental trucks can cause some serious accidents. One fatal rental truck accident in Pennsylvania was caused by a driver who was very tired because of a prescription medication that they were taking. The driver of the rental truck rear-ended a vehicle that was stopped at a red light, pushing the car over two hundred and fifty feet and killing the driver of the vehicle.

In addition to the dangers posed by rental trucks, rental companies often rent trailers to people who don’t need a big truck. This may appear to be a safer alternative to renting a box truck to an inexperienced driver, but drivers who are not experienced with towing things behind their vehicles may not be able to do so safely. Rental trailers, like any other trailers, can detach from the towing vehicle if they are not connected correctly. Many people who rent trailers do not have previous experience with towing trailers, and they may not connect them to the towing vehicle properly. Also, vehicles handle differently when there is a trailer behind them, and the trailer itself can cause an accident if it sways back and forth with too much force.

Whether a driver rents a truck or a trailer, it can handle poorly if it is overloaded. Unfortunately, there is often a temptation to overload rental trucks and trailers so as to complete a task during an allotted time or reduce the amount of miles that the vehicle travels so that the cost is kept to a minimum.

Barrett Law PLLC:  Serving Those Who Have Been Injured in Mississippi Rental Truck Accidents

If you have suffered an injury or a loss due to an accident involving a rental truck or a rented trailer, the Mississippi Automobile Accident Attorneys at Barrett Law PLLC would like to speak with you. You deserve prompt and adequate compensation for the injuries, damages, and losses that you have experienced. Accident claim involving rental trucks can be complicated, because there are likely to be multiple parties involved. We can cut through the confusion and delay to get the results you need. Please call us today, at 1 (800) 707-9577 to schedule an initial consultation.

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Mississippi Trucking Accident Attorneys Talk About the Risks of Hazardous Cargo

Some trucks that are on the road contain cargo that is hazardous. These trucks pose all of the usual dangers of other tractor trailers and trucks on the road, plus the additional danger that would be created if the hazardous cargo were to be ejected or spilled from the truck in an accident. Trucks that haul hazardous materials have a great deal of potential to cause death, injury, and physical and environmental damage than other trucks hauling benign substances.

The accident scenarios that involve hazardous materials are just as varied as reports of accidents involving other types of trucks.  In some accidents involving tractor trailers, the trailer disconnects from the cab. Ordinarily, that could result in the trailer tipping over and spilling its contents on the road or in the surrounding area. The same thing can happen with a truck full of a hazardous substance, and one such accident did occur in Nashville, Tennessee. When the trailer full of sulfuric acid disconnected from the truck, the acid spilled out and hazmat teams had to clean it up quickly in order to reduce the likelihood of harm and to contain the threat to the public. When the driver of a tanker filled with hazardous material fell down an embankment and into a creek, a lengthy cleanup process was required to restore the area where the spill had occurred.

Hazardous materials are substances which can harm people, the environment, and animals, if they are released.  Hazardous materials have properties like toxicity, radioactivity, corrosiveness, explosiveness, and flammability. They are often transported in tanker trucks or tractor trailers which carry colorful placards that describe the hazardous characteristics of their cargo. Various types of materials can cause different types of damage. Poisonous substances can produce fumes which can harm people in the surrounding area. Poisonous substances can hurt people at the accident scene if they come into contact with them, and they can cause long-term environmental damage if they get into the soil and/or water in the area. Explosive materials could cause severe damage to a large area, depending upon the type and amount of explosive substance that is involved in the accident. Radioactive substances can have a far-reaching effect on the health of people, plants and animals if they get into groundwater flammable material create a great danger to everyone who is near the including the emergency personnel who respond to the accident.

Barrett Law PLLC:  Protecting the Rights of Those Who Are Hurt by Hazardous Cargo  

Hazardous cargo from trucks can cause serious injuries and fatalities, in addition to the injuries and deaths that are caused by the accident that causes the cargo to fall or spill out of the truck. If you have experienced an injury or a loss in connection with a Mississippi trucking accident, the experienced and dedicated Mississippi Trucking Accident Attorneys at Barrett Law PLLC are here to help you. Please call us today, at 1 (800) 707-9577 to schedule your free, initial consultation.

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Mississippi Trucking Accident Attorneys Discuss Delivery Truck Accidents

A tragic accident claimed the life of a FedEx delivery truck driver earlier this month. The early morning accident occurred after a car traveling on I-20 hit the back of a tractor trailer and became disabled. The car stalled in the right lane of I-20, and the FedEx truck hit it. The impact of the crash sent the FedEx truck through the railing of a bridge, and it fell about forty feet before landing upside down next to a set of railroad tracks and catching fire.

Delivery trucks are on the road at all hours of the day and night. Just like every other vehicle, there is always the risk that a delivery truck will be involved in an accident. When a delivery trucks is involved in an accident, there is a high probability that serious injury, large amounts of property damage, and even death could result. Delivery trucks are smaller than eighteen wheelers, but they can be surprisingly heavy. For example, the FedEx truck that was involved in the aforementioned fatal accident was carrying just under nine thousand pounds of paint, in addition to the weight of the truck itself.

The size and weight of delivery trucks often means that they will cause more damage than passenger vehicles do when they are involved in an accident. The design features of delivery trucks which make it easy for their drivers to get in and out of their vehicles quickly pose a unique risk to delivery truck drivers, increasing the risk that they will be ejected from the vehicle in the event of a collision. Also, some the people who drive delivery trucks are under qualified for that type of work, or they have not had the proper training.

The companies that own large fleets of delivery trucks are aware that accidents are a part of doing business. They have developed comprehensive plans for dealing with accidents involving their trucks. Trucking companies’ plans for dealing with delivery truck accidents often involve sending an accident response team to collect information from the accident scene right away. The insurance companies that represent package delivery companies also try to get as much information as they can about delivery truck crashes as soon as possible, so that they can use that information to support their positions in regards to any claims that may arise out of the accidents.

Barrett Law PLLC:  Representing Trucking Accident Victims Across the State of Mississippi

Delivery truck accidents can cause a great deal of injury and loss.  If you have been injured or if you have lost a loved one in a delivery truck accident in the state of Mississippi, the Mississippi Trucking Accident Attorneys at Barrett Law PLLC can help.  We help accident victims obtain full compensation for their injuries, including medical bills, lost wages, pain and suffering, and more.  Call the skilled, compassionate, and dedicated Mississippi Trucking Accident Attorneys at Barrett Law PLLC today at 1 (800) 707-9577 to schedule your free consultation.

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Negligent Maintenance Leads to Serious Truck Accidents in Mississippi

Sharing the roads with commercial trucks is a fact of life in Mississippi.  Although the trucks that travel on the roads are limited in size because Mississippi does not allow longer combination vehicles, there are still heavily laden semi-trucks that cannot stop quickly or turn suddenly even under the best of circumstances.  When these vehicles are not maintained properly, the commercial tractor-trailers that are on the road can cause serious harm to passenger vehicles as the result of an accident.

Tractor-trailers spend hundreds of hours each month on the road.  Driving hundreds of thousands of miles each year means that various parts of the truck wear down quickly.  If the maintenance schedule is not established and followed in an effective manner, the work is not done properly, or the parts not appropriate for use in the commercial truck, then the consequences can be devastating.

There are many logistical issues that surround establishing and following a proper maintenance schedule in the commercial trucking industry.  However, the ownership issue surrounding the cab and trailer involves a complex hierarchy that may impact the scheduling of maintenance to the detriment of other drivers on the road.  If the truck driver does not own the cab, he may rely on the trucking company to schedule the maintenance and oversee the quality of the inspection and replacement, but it may be that the cab is leased and there is a third-party responsible for maintaining the vehicle.  When the driver is an independent contractor that works for multiple trucking companies, but leases the cab from a third-party, the scheduling of routine maintenance that is amenable with the driver’s schedule may be very complicated.

Under the rules and regulations that govern commercial trucks, there must be detailed records kept about the maintenance work performed on the truck, including:

  • What type of inspection, repair, or replacement was performed on the truck, including the date on which the work was done, the name and identifying information of the person performing the work, and the identification information for the truck to be certain the work matched up with the vehicle;
  • A catalog of the parts that were installed in the truck when any repair or upgrade was performed pursuant to a maintenance schedule or emergency situation, including identification information for the parts; and
  • Any requests from the driver, mechanic, or trucking company administrator for specific work to be done or inspections to be made.

There are many problems that can occur if this maintenance schedule is not followed, including:

  • Brake failures;
  • Tire blowouts;
  • Malfunction of the steering system leading to collisions with vehicles in other lanes on the road;
  • Failure of the coupling mechanism between the cab and the trailer resulting in a jackknife or separation of the cab and trailer; and
  • Failure of the restraints that were intended  to secure the load causing the items being transported to spill into the roadway.

These types of maintenance problems can lead to serious collisions that can be devastating for the occupants of the vehicles that are impacted by the tractor-trailers of the items being hauled.  Commercial trucks with a full load may weigh up to 80,000 pounds, while a sedan usually has a maximum weight of 4,000 pounds.  When there is an accident involving these two vehicles of very disparate sizes, the occupants of the car often suffer much more serious injuries, or death.

Barrett Law PLLC Represents Victims of Serious Truck Accidents

A truck accident involving a tractor-trailer that has been negligently maintained leads to severe injuries that may lead to a lifetime of struggles.  Frequently, truck accident victims require years of intensive rehabilitation, along with in-home care, assistance with routine tasks, and modifications to the home and car.  All of this requires compensation that will see a victim through the remainder of his life.  The compassionate and experienced Mississippi Truck Accident Attorneys at Barrett Law PLLC are ready to hear what happened to you and develop a legal strategy that works for you and your family.  To schedule a free and confidential consultation, please call us at (800) 707-9577.

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Drugs and Fatigue: Dangerous Combination for Commercial Truck Drivers

Violations on the part of truck drivers are not new in the commercial trucking industry.  Some drivers keep illegal driving logs, drive without the proper qualifications, use drugs to combat fatigue and commit other infractions like speeding.  All these types of violations put other drivers at risk.  Commercial truck drivers have a responsibility to operate their vehicles safely within state and federal regulations.

If you are involved in an accident involving a tractor-trailer truck, you should contact an experienced trucking accident attorney.  An experienced tractor-trailer accident attorney will reconstruct the accident using skilled investigators and accident reconstruction experts.  A trucking accident law firm will carefully examine things like the driver’s logs and the records of the trucking company.  Even though driver fatigue is a common cause of large truck accidents, the use of drugs to combat this fatigue greatly compounds the dangers.

The Role of Drugs in the Trucking Industry

The cause of large truck accidents was under investigation and the National Transportation Safety Board did a series of safety studies.  The safety studies targeted different subjects including the use and abuse of alcohol and drugs as a factor in tractor-trailer accidents.  The study concluded that a third of truck drivers that end up fatally injured in trucking accidents tested positive for drugs or alcohol.

The most common factor that was involved in the death of truck drivers in accidents was the combination of drug use with fatigue.  Research shows that truck drivers are more likely to use amphetamines than the average worker in the U.S. These drugs help commercial truck drivers stay awake so that they can push themselves and drive longer hours.  By driving more hours, they can deliver more goods, which means they increase their income and get more work.

In the early 1990’s, the NTSB strengthened the regulations in terms of alcohol and drug use by truck drivers.  These regulations prohibited drivers from using alcohol or drugs while driving.  They also included requirements for pre-employment, post-accident and random drug and alcohol testing of drivers.

Truckers continue to violate laws everyday even with these regulations in place.  If you or someone you love have been seriously injured in a trucking accident, you may be entitled to compensation for your injuries.

Our Mississippi trucking accident attorneys have been representing commercial trucking accident victims in Mississippi for over 27 years.  We have helped hundreds of clients throughout Mississippi to obtain damages that they deserve.  We offer a free initial case evaluation so that we can evaluate whether you have the basis for a personal injury lawsuit so call us today at 662) 834-2376.

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