Georgia Truck Accident Lawyers Blog

The Georgia Highway Patrol will participate in National Lifesaver weekend this weekend, Dec. 17 to 19 to promote safe travel during the upcoming holiday season.

Our Atlanta trucking accident attorneys remind motorists to be extra cautious when driving around semis or other large commercial vehicles on the road. The National Highway Traffic Safety Administration reports more than 380,000 large truck accidents occurred on the nation's roads in 2008, killing 4,229 motorists and injuring more than 90,000 others.


Georgia truck accidents claimed 179 lives that year. Only California, Florida, Pennsylvania and Texas reported more fatal tractor-trailer accidents.

This is the 19th year the patrol has participated in the program. Col. Bill Hitchens, commissioner of the Georgia Department of Public Safety, said impaired driving enforcement will be a priority.

“We are joining this nationwide effort because it focuses on driving behaviors that kill across the nation and this is not just a local problem,” he said. “This time of year is especially dangerous on our roads and that danger is only compounded by alcohol and drug impaired drivers.”

The Patrol and the Motor Carrier Compliance Division officers will also participate in Lights on For Life Day Friday Dec. 17 to remind motorists not to drink and drive. Officers will drive with their headlights on throughout the day to remind motorists of the dangers.

The International Association of Chiefs of Police coordinates the National Holiday Lifesaver Weekend, which is a campaign of Operation C.A.R.E. (Combined Accident Reduction Effort). C.A.R.E. aims to reduce the number of traffic fatalities nationwide by coordinating enforcement efforts, including high-visibility patrols and road checks.

Continue reading "Safety weekend aims to increase awareness of dangers of drunk driving, Georgia trucking accidents" »

A trucker is out of a job after a Georgia trucking accident in which he clipped a Georgia deputy sheriff's vehicle in Coweta County, as well as the vehicle the sheriff had stopped for speeding, according to the Bluefield Daily Telegraph.

The 36-year-old driver had been employed by Bluefield Transport for about a year but was fired after the Wednesday incident, which occurred on I-85 two miles south of the Moreland exit. The deputy was on the passenger side of the stopped vehicle and was in the process of collecting information from the driver when the rig reportedly sideswiped both vehicles. Other deputies followed his truck to a nearby truck stop and detained him until the Georgia State Patrol could arrive.

This video from Fox 5 Atlanta shows the crash.

The trucker was arrested for driving under the influence of drugs; a search of his truck found several prescription medications on the floorboards. As we have reported on our Georgia Truck Accident Lawyers Blog, truck drivers are unfortunately permitted to consume many types of narcotic pain medication that would be refused to airline pilots on the job. Thankfully, this driver was taken off the road on a driving under the influence charge before someone was killed.

The company said the driver had passed his previous drug screens, which were performed by the company, as well as drug screening required by the federal Department of Transportation.

Continue reading "Trucker charged with DUI after Georgia semi accident involving deputy sheriff" »

Georgia injury lawyers who handle trucking cases know that depending on the circumstances of a tractor-trailer accident, a trucking company is required to have a driver tested for the presence of drugs and alcohol in his/her system. The Federal Motor Carrier Safety Administration has specific rules governing when these tests are required.

These regulations provide that a trucking company must perform a drug and alcohol test on a driver whenever he is involved in an automobile accident resulting in a fatality. Testing is also required when the investigating officer issues a citation to the driver involved in the accident and the accident causes bodily injury requiring immediate treatment away from the accident scene or the accident causes disabling damage to any motor vehicle which must be towed from the scene. Disabling damage does not include damage which can be remedied at the scene without special tools or parts, tire damage without any other damage, headlight or taillight damage, or damage to turn signals, horn or windshield wipers. The post-accident testing should occur as soon as practicable after the accident. A motor carrier’s cancellation of a scheduled post accident test is admissible as evidence tending to show that the carrier was trying to conceal the driver’s potential use of alcohol or controlled substances.

Recently, we represented the victim of a tractor-trailer accident in a serious injury case which involved this issue. The truck driver in that case was never tested as required. The trucking company simply told him to go get tested but never took him for the drug test. Accordingly, although they did not “cancel" a post accident drug test, they did nothing affirmative to make sure that he was tested. The regulations clearly put the onus of compliance on the trucking company.

Continue reading "Tractor-Trailer Post Accident Drug And Alcohol Testing" »

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.

Continue reading "Use Of Controlled Substances By Tractor-Trailer Drivers" »

The use of medical marijuana by truck drivers will continue to constitute a violation of the U.S. Department of Transportation's Drug and Alcohol Testing Regulations, the Federal Motor Carrier Safety Administration has announced.

It is an important clarification. As our Atlanta trucking accident attorneys reported recently on our Georgia Truck Accident Lawyers Blog, truckers are permitted to use narcotic pain relievers and other prescription medication under a doctor's care. The same medication would be refused to a commercial airline pilot.

An announcement last year concerning the fed's tolerance for medical marijuana left open the possibility that truckers could justify smoking marijuana for medical purposes.

The Department of Justice issued a memorandum that essentially said that prosecutors should not spend federal resources in prosecuting cases involving marijuana in situations where a defendant was legally using the drug in accordance with a state's medical marijuana law.

The clarification means that stance will have no bearing on drug testing for truckers.

"Medical Review Officers will not verify a drug test as negative based upon information that a physician recommended that the employee use 'medical marijuana,'" the Department of Transportation said in the announcement. "It remains unacceptable for any safety-sensitive employee subject to drug testing under the Department of Transportation's drug testing regulations to use marijuana."

Fourteen states have now legalized marijuana for medical purposes: Alaska, California, Colorado, Hawaii, Maine, Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont and Washington.

And earlier this week, the federal government announced that veterans would not face loss of VA benefits for using medical marijuana.

Continue reading "Truckers in Georgia not permitted to use medical marijuana, even if it's legal in their home state" »

Any time an accident occurs involving a fatality, an interstate trucking company must perform a drug and alcohol test on its driver. Testing by the company is also required where an investigating police officer issues a traffic citation to one of its drivers involved in an accident and the accident causes bodily injury. Such tests should be performed by an independent lab as soon as possible after an accident. If it cannot be performed within 8 hours, the driver cannot be allowed to continue driving. If the test cannot be performed within two hours the motor carrier must provide written explanation as to why the test could not be promptly administered. Obviously, these are for alcohol tests. A controlled substance test must be performed within 32 hours and if not completed, then again, the carrier must provide a written explanation as to why the test could not be promptly performed. If federal, state or local officials have already conducted a breath or controlled substance test following an accident, the carrier does not have to do so.

Because the responsibility of testing its driver rests with the employer, all responsible employers must make sure that their employees have been properly tested following an accident in which a fatality has occurred or in which a citation has been issued against its driver. Failure to administer the test can be used against the employer if they do not fulfill their legal obligations in connection with the same. Accordingly, in any serious case in which a truck driver is involved counsel should check to see of local, state or federal officials have conducted independent tests themselves arising from the occurrence. If not, the employer’s records should be subpoenaed to make sure that federal law has been observed and that independent laboratory tests were obtained as soon as possible after the incident.

Under federal law, an interstate motor carrier must conduct random alcohol and drug testing of a certain percentage of their drivers each year regardless of their conduct. The testing must be unannounced and the dates for administering the tests must be spread throughout the calendar year. More specifically, however, if an employer has a reasonable suspicion that one of its drivers, based on either appearance, or behavior may be under the influence of alcohol, then they are under a duty to conduct what is called “reasonable suspicion testing” within two hours of the observed/suspected conduct. After determination that a reasonable suspicion exists for a potential violation, a carrier may not allow a driver to remain on duty until the test is completed (with a result of less than .02%) or until 24 hours has elapsed since the alleged suspicion arose.

In any case involving a driver suspected of being under the influence of alcohol or drugs, counsel should request all drug and alcohol testing records of the motor carrier including reasonable suspicion testing, pre-employment alcohol and drug screening testing, dissemination of information to the drivers concerning alcohol and controlled substance policies and procedures as well as the actual test performed by employers upon their drivers. A failure to abide by these safety regulations can be the basis for establishing liability against the trucking company.
The tests we mention here are in addition to other mandatory tests that must be performed after an accident and are in addition to pre-employment screening tests that are also mandatory. We will address these tests in other entries.

Interstate trucking companies must complete a pre-employment screen for alcohol and drugs before a driver is allowed to operate a rig on the road. The controlled substance test must be negative and the alcohol test must come back at a consummation level less than .04%. If the driver has been tested within six months of being hired and already has acceptable results, then he or she may be allowed to operate a truck in interstate commerce. However, if there is no such testing record available to the employer, then the employee must be screened.

In addition to performing the screening test mentioned, all trucking companies must provide their drivers with educational materials explaining its policies and procedures about alcohol and controlled substances. Obviously, neither may be used while on duty unless the controlled substance has been prescribed by a physician and will not adversely affect the driver’s ability to safely operate a vehicle.

For responsible motor carriers, obviously, it make good business sense to screen potential employees to make sure that they are not liability risks. However, whether it makes good business sense or not, federal motor carriers are required by law to screen their employees before putting them on the road. Thus, in any case involving an accident where a driver is found to be under the influence of alcohol or drugs, counsel should request all pre-employment drug and alcohols screens as well as information provided to drivers about company policies and procedures concerning the same. If the carrier failed to abide by its obligations, it can be held liable on this basis alone and may also be held liable for punitive damages.