TRUCK COLLISION LITIGATION INVOLVING DRUG AND ALCOHOL REGULATIONS FOR DRIVERS OF HEAVY TRUCKS
In previous blogs our lawyers discussed the dangers of drivers operating large trucks while under the influence of alcohol and/or drugs. This is a continuing problem in the United States which often leads to serious injuries and fatalities.
Interstate motor carriers and certain intrastate motor carriers are subject to the Federal Motor Carrier Safety Regulations as prescribed by the United States Department of Transportation. These regulations control a wide range of activities involving large trucks and tractor-trailers. One section, part 382, addresses controlled substances and alcohol use. The regulations prohibit a driver from reporting to duty or remaining on duty while having a breath alcohol concentration of 0.04% or greater. It also makes it illegal for an employer having knowledge that a driver has an alcohol concentration above that level to permit a driver to drive. The regulations also prohibit a driver from reporting for duty or remaining on duty while using any controlled substance or testing positive for any controlled substance.
Specific testing is mandatory under the regulations. Prior to the first time a driver operates a vehicle, the driver must be tested for alcohol and controlled substances. In addition, post-accident testing is required as soon as practicable following an incident involving a commercial motor vehicle operating on a public road. Random testing is required in accordance with directives described in the regulations. Finally, it is required that an employer shall test for alcohol or controlled substance test when the employer has reasonable suspicion to believe that the driver has violated any prohibitions of the regulations concerning alcohol and/or controlled substances.
While the federal government has issued these alcohol and controlled substance regulations, our lawyers are unfortunately continuing to review cases in which drivers of heavy trucks and tractor-trailers are under the influence of alcohol and/or controlled substances at the time of the incident giving rise to the serious injuries or fatalities.
