Georgia Truck Accident Lawyers Blog

Unfortunately, the use of controlled substances by tractor-trailer drivers, whether prescription drugs or illegal drugs, is more common that one would think. As an example, the Georgia injury lawyers at Finch McCranie, LLP represented a client who who sustained serious injuries, including a brain injury as a result of a tractor-trailer accident. The client was struck, as a pedestrian, by a tractor-trailer that left the roadway and ran off on the shoulder of the interstate highway. After filing suit against the driver and the trucking company we discovered that the truck driver had sustained a non work related spinal injury months before the collision that left him with low back pain and numbness in one of his legs. He was taking pain medication at the time of the accident.

The regulations of the Federal Motor Carrier Safety Administration, which governs the operation of commercial trucks, clearly set forth common sense rules prohibiting this conduct. The regulations of the FMCSA provide that a driver cannot use a controlled substance when reporting for or remaining on duty requiring the performance of a safety-sensitive function unless the use of the controlled substance is pursuant to the instructions of a physician, who has advised the driver that the substance will not adversely affect his ability to safely operate a commercial vehicle. A motor carrier may require a driver to disclose any therapeutic drug use related to a medical condition. A driver cannot report for duty, remain on duty or perform a safety-sensitive function if he tests positive for controlled substances. An employer is prohibited from allowing a driver who has used controlled substances or tests positive for a controlled substance to perform or continue to perform a safety-sensitive function.