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Recently, in the news was a story about a trucker who was intoxicated while driving a big rig and who endangered the community by getting behind the wheel of a big truck drunk.
While the incidence of intoxicated truck drivers or truck drivers under the influence of drugs is not a very high percentage compared to passenger cars, the danger posed by a commercial vehicle being operated by an intoxicated or one under the influence of drugs cannot be overstated.
The rules that apply to commercial truck drivers expressly provide a section regarding alcohol and drug use. While these rules may seem to be common sense, they were also very specific that the Department of Transportation has a zero-tolerance factor for drivers who take risks by drinking and driving.
Big rig drivers must comply with the Federal Motor Carrier Safety Regulations, which provide consequences for drivers using alcohol and driving but also provide for obligations on the part of the “motor carrier” to provide policies concerning alcohol and controlled substances. Section 382 is the general section dealing with controlled substances and alcohol use in testing under the FMCSR.
The regulations set forth that no driver shall report for duty or be on duty when performing safety-sensitive functions with an alcohol concentration of .04 or greater. Further, the employer who has actual knowledge of a drinking employee, as set forth above, shall permit the driver to continue to perform safety-sensitive functions.
Each truck driver is tested in pre-employment testing before the driver actually drives a big rig for the company. Additionally, motor carriers are required to implement random testing, subject to some limitations as provided in the regulations.
One of the developments of the regulations has been the requirement of a “reasonable suspicion testing where the motor carrier has a reason to suspect that the driver has engaged in prohibited conduct.
After a very serious semi-truck accident, the driver is usually required to undergo testing, which the company must retain under the regulations. In short, federal regulations are very specific and comprehensive regarding drivers who may choose to drink or take illegal drugs.
The burden is not only on the truck driver but also on the trucking company to make sure that the drivers under their banner are safe drivers and not endangering the community through drug use or alcohol consumption while driving.
There are many different cases where a truck driver under the influence of alcoholand drugs has devastated many families in a single accident. Regulating the improper use of drugs and alcohol by truck drivers is one step that is necessary to keep our community safe.
Punitive damages or exemplary damages are often awarded in Texas when a truck driver has been drinking or has been under the influence of drugs and caused an accident. Punitive damages are awarded for punishment as opposed to compensation. While the standards of proof are more difficult for the personal injury victim seeking punitive damages, and awards tend to be limited, they are an effective weapon in the war to make our highways safer.
Contact the trucking accident attorneys in Houston who have over 35 years of expertise and a track record second to none.
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