How A Truck Accident Lawyer Can Help You?

Safety should be the foremost priority of every truck driver while on the road. They should always stay alert and focused while driving as even a minor negligence on the part of a truck driver can lead to serious road accidents.

Due to its heavy size, a truck can cause catastrophic damage on the other vehicles on the road in case of an auto accident. It is also most likely to cause severe and even fatal injuries to the victims of in case of a vehicle collision.

And the problems are not just limited to the physical injuries. A truck accident can also lead to financial crisis for the victim, as they will have to bear all the medical bills and cannot get back to work until they recover properly. Things often get worse, when the victim suffers permanent disability.

In case you or anyone you know has been a victim of such an accident, you must get help and legal counsel from a truck accident lawyer. It is the only way to get justice.

The lawyer will investigate, collect all the evidences and will build a strong case for you. This way you can hope to receive an appropriate compensation that will cover all the medical bills that you have paid and also provide compensation for days you could not go for work. In addition, if the victim is the only earning member of the family and if the injuries have resulted in permanent disability, suitable compensation will be given.

Lawyers at a truck accident injury law firm understand the pain of the victims so they work and try their best to get maximum possible compensation. Most lawyers in such cases only charge their fee if they succeed in getting their client the due compensation.

So, if you wish to sue for compensation for yourself or for a loved one, check online to find experienced lawyers who provide legal representation in cases like yours.

Is It Essential To Hire A Truck Accident Lawyer If You Have Met With An Accident?

Yes definitely, it is important to hire a truck accident lawyer in New York if you have been a sufferer because of the negligence of the other person, as the lawyer will help you get the compensation owed to you. Lawyer will also do his best to secure your rights and do everything to help you get justice.

Common Causes Of Truck Accidents That Remain In The Rear Of Curtains

Commercial vehicle crashes are more devastating in comparison to any other vehicle accidents across the United States. Being heavy vehicles, they cause great damage to the smaller vehicle passengers. In some of the worst cases, these accidents might lead to death. 

In that case, the victims who have incurred any kind of loss are bound to get complete justice along with claim and compensation that they deserve.

However, many people are not aware of the law rules, thus lagging behind getting compensation. Therefore, it is advisable for anyone who is victimized by others negligence to get in touch with one of the most reputed truck accident injury lawyers around your city in order to seek best professional help, as not many would be able to help you win the case.

Only the ones who are experienced, reputed professionals are aware of the common reasons that lead to accidents. Few of the causes are as follows-

Driver’s negligence- this is one of the most common causes that leads to accidents. These truck drivers fall short of understanding the fact that it is their responsibility to keep the other motorists driving on the road safe. They either forget or ignore the basic techniques, which can avoid many such incidents.

Improper training-the other common cause is that drivers have improper training at the time of learning how to drive vehicle. It is necessary for drivers to obtain appropriate training along with learning how to perform their duties.

Equipment failure-most importantly, the main cause of accidents happens due to the reason that the companies don’t take their vehicles for regular maintenance that is somehow mandatory in order to keep the vehicle working in smooth condition. Common defects such as brake failure, defective lights, and tire failures have lead to many dreadful incidents.

Overloading- Last but not the least, overloading and overweight vehicles also causes many dreadful accidents, as these vehicles either fail to stop at the time of applying brakes or due to tire burst. At this point of time vehicles tend to lose the control, thus troubling other people who are driving next to these vehicles in nearby lanes.

These few causes occur due to negligence. Therefore, it is advisable to seek help from your lawyer in order to ensure that you get the compensation that you are entitled to by law and don’t get involved in the case unnecessarily.

Get The Right Compensation By Hiring An Experienced Truck Accident Attorney

It is not possible to know when an accident is going to happen so if you are involved in a truck accident, the foremost thing to do is to hire an experienced truck accident attorney who is well aware of all the rules and regulations and is updated with the state laws that apply to the scene of the accident. The truck accident lawyer will file a lawsuit against the one who is responsible for the accident and will help you to get the appropriate compensation.

Hiring a truck lawyer proves to be very beneficial. This is because he can easily obtain legal permit to investigate the whole scene and will go through all the important details to know about the real culprit behind the accident. If the driver of truck is responsible for the mishap, the victim’s family will get the desired compensation.

In truck accidents, the victim can experience major injuries in areas like brain, spine, or fractures or it becomes impossible for him to carry out the daily tasks. Therefore, a professional lawyer can be very helpful in this case.  The lawyer will go through every single detail and will make sure to collect as many evidences as possible to build a strong case in favor of the victim.

Lawsuits related to truck accidents are very complex therefore, it is always advisable to seek help of a professional truck accident injury lawyer. Make sure to look for the best practicing lawyer in your area and one with good reputation in the industry.

If you or any of your family members, colleagues, or friend is a victim of truck accident, do not hesitate to consult a law firm. You can easily find number of experienced and skilled truck accident lawyer in New York. Moreover, you can even find lawyers who do not charge any amount unless you win the case. So make sure to discuss everything with your lawyer including every single detail of the accident.

As the evidences do not last after a couple of hours, so make sure to hire one immediately after the accident so that he can collect evidences easily before they are destroyed. These lawyers can also hire re-constructionist of accidents in order to document and preserve the evidences.

Reasons That Lead To Truck Accidents

Outcomes of truck accidents are heart breaking. Victims of these tragic events either lose their life or face financial losses. There are numerous reasons because of which such events occur. Let us look at those reasons-

Driver’s negligence- This is the major cause behind truck accidents. It can be due to different conditions such as fatigue, distractions, and negligence. Such situations can cause risk to life and risk to other vehicles on the highways.

Mechanical failure- Truck equipment failure is another reason of accident. It may include faults like defective tires, mechanical issues, improper brakes and more. Driver neglecting regular maintenance and inspection of truck is taking his and other people life into danger.

Inexperienced drivers- Wrong or inexperienced truck drivers are another reason behind accidents. This is the reason why businesses that require doing shipping their products must hire drivers those are experienced. They must have complete idea about driving and rules & regulations.

Weather conditions- This is another major reason behind truck accident. Commercial vehicles that are heavily loaded in weight often cause accidents because vehicles in such weathers often lose their control. Hence, considering the weather factor drivers require going slow on roads.

Overloaded truck- Truck when overloaded can cause accidents. Moreover, it may also cause vehicles to go out of their lanes of traffic.

From the aforementioned reasons you must have got an idea what reasons may cause truck accidents. Such accidents can cause big loss for victims and their family.

If you or your loved one has been a victim of such accidents, then you must fight for your rights and get justice. In regard to this, you need to hire truck injury lawyer.

Lawyer’s expertise in such field has good experience in fighting such cases. They can help provide you great justice. You will get free consultation from the lawyer that will help them evaluate your situation and find actual causes behind incident.

After looking to your situation, if they find you right then they will surely fight to protect your rights. Truck accident lawyers make sure victim gets justice. They also assure their rights are not compromised and get compensation for their losses whether it is medical expenses, lost wages, and emotional trauma.

Top Reasons To Employ A Truck Accident Attorney

If you have been a victim of any truck accident and have suffered injury, then you need not worry, as truck accident attorneys are there to assist you. These attorneys are specialized in handling the cases that relates to vehicular accidents.

Although you may find many options such as insurance company, which many people seek help from, but to consider help from them is not considered as a reliable option. Undoubtedly, they will handle things but they are helping you in order to make money, and that is what their business is.  Therefore, it is advisable to seek help from truck accident lawyers, as they will provide you services you want. 

However, it is very essential to look for a lawyer who holds good reputation and to whom you can rely upon for your work. Moreover, the attorney should be able to convince you that he would successfully solve your case no matter how crucial your case may be. Therefore, it is advisable to research well and then consider the one who you think is a reliable resource.

Following are some of the reasons to employ truck accident lawyer –

Work loss-After you have been victimized, you will have to do efforts to solve the case and get compensation. This would obviously hamper your work. Moreover, you may have to lose wages if incase you have become disabled, as the person won’t be able to. At this point of time, truck accident lawyer provides you helping hand, as the lawyer will consider everything that includes building the case to fighting for your rights.

Medical facilities-In addition to this, you will have to hassle around paying medical bills. This is something wrong, as why should you pay for others negligence. Here truck accident attorney will work to get you compensation for the losses you have incurred. Not only this, but the lawyer will get you compensation for the future expenses as well, especially if you have incurred serious injuries, as you may move down due to financial consequences in future.

These are some of the reasons, why you should hire a truck accident lawyer other than any other assistance. However, you need to be little wise while choosing your lawyer, as the strength of your case will depend on the type of lawyer you choose.

Top Reasons Why You Need A Professional Truck Accident Attorney

Truck accidents can be extremely dangerous, causing serious injuries and even loss of life. Serious and devastating truck accidents often leaves victim in worries about finances and their future plan. A victim may also have to deal with the insurance companies, police investigations, bill collectors, and other such aspects.

However, if you or any of your friends have become a victim of such horrifying accident, then you certainly need a professional help and seek help from a reputed truck accident injury attorney. Following are some of the reasons that highlight the importance of hiring a professional truck accident lawyer.

Hiring a highly qualified professional lawyer is very important. The lawyer will go to the accident spot and will collect all the evidence to build a strong case and to present them just at the right time. The lawyer will take photographs, talk to the eye witnesses and can even contact the police to know every single detail about the accident s that he can build a strong case to support you.

The lawyer will keep all your evidence and documents preserved so that they are not destroyed by attorneys of the other party or the insurance companies. Therefore, make sure to get an expert help soon so that you have more chance to get the justice.

There are number of lawyers, who do not charge any consultation fee unless you win the case. So if you are not responsible for any accident, discuss the whole scene with you lawyer and make sure to provide him every single detail of the accident.

With the help of a professional attorney, you can get an overall compensation of all losses which may include, the complete medical cost, lost wages, auto repairs, insurance claims and so on. The attorney will make sure that you get the correct amount of compensation that you deserve.

Moreover, these professionals are updated with the constant changing laws. Therefore, they will firstly investigate whether the particular trucking company is abiding certain laws or not.

The lawyers will always assist you before you make any statement thus helping you from committing certain costly mistake.

How Different Law Firms Helps In Getting Compensation From Trucking Company?

The different truck accidents law firm work on behalf of victims and their family to get financial compensation from the trucking companies. The professional lawyers working with the firm will obtain all the necessary documents to file a strong case against the person at fault.

5 Types Of Truck Accident That Are Extremely Damaging!

All types of road accidents are unfortunate, but the ones involving trucks are extremely damaging due to the sheer size of trucks.

Truck accidents victims may suffer from severe injuries to permanent disability and even death. Here are some the most common types of truck accidents that cause a lot of damage–
Head on collision – As the name clarifies, it is the situation where truck collides with another vehicle head on. Following are the main reasons behind these accidents –

• High speed
• Reckless driving
• Distracted driving (using mobile phones etc.)

Rollovers – Lost control over CMV can force it to slide, roll over, and collide with other smaller vehicles on road. It can cause serious damages to cars due to the size and weight of truck. Here are the major reasons behind these incidents –

• High speed
• Fast turns
• Tripping over obstacles like curb, guardrail on road

Under ride – It is the type of accident in which driver tries to stop the large vehicle unexpectedly by slamming brakes. It gives no time or warning to the other vehicles driving behind the truck, and they may go underneath the CMV causing severe physical damages. It is one of the most dangerous truck accidents. Causes of this crash are –

• Bad road conditions
• Car drivers failed to see CMV due to broken tail light or lack of reflectors
• Equipment failure
• Poor visibility
• Driver negligence

Jackknife – This accident was given this name because truck and trailer make the shape of a jackknife in this type of crash. Loss of control over the vehicle causes trailer to skid forwards making the angle of almost 90 degree. It occurs due to –

• Sudden brakes
• Equipment failure
• Bad road conditions such as icy surface
• Driver negligence

Blind Spots – Due to the sheer size of trucks, their blind spots are bigger. It makes harder for CMV driver to see other vehicles, which results into crash. Main reasons behind these incidents are –

• Bad weather conditions (heavy rain, snowing etc.)
• Lack of mirrors
• Poor visibility

Experienced truck accident attorneys can help you in determining the type of accident to in order to proceed accordingly and file appropriate charges in the lawsuit and claim compensation for damages.

Facts That Every Truck Accident Victim Must Know Before Filing A Lawsuit

When huge CMVs like 18-wheelers or semi-trucks collide with other vehicles on road, the outcomes are mostly tragic. Truck accident victims may suffer severe injuries, permanent disabilities, and even death.

If you or your loved one has fallen victim to such an accident, then it is your right to claim for justice and claim for an appropriate compensation for the damages incurred. Filing a lawsuit may not heal your injuries or bring back your loved ones, but it is the only way you can bring the culprits to justice and get sufficient compensation to handle your losses.

Before filing a lawsuit, it is essential to first find out the type of truck accident case that you or your loved one has fallen victim to, because your claim will depend on that.

Negligence related lawsuit is filed against the truck driver, if it is evident that the crash incurred due to their carelessness. It includes negligence regarding traffic laws, fatigue, distracted driving, overloading, drunk driving etc.

For cases in which defective equipment (defective brakes, issues with engine etc.) was the cause of the accident, your lawyer will prove that the truck/part manufacturer is at fault.

Experienced truck accidents lawyers can help you with all that. They will investigate the case and find out the cause behind it to file a lawsuit accordingly and get you the justice and compensation you are entitled to, for the physical, mental, and financial damage incurred.

By determining the type of lawsuit, your lawyer can decide which party (driver, trucking company, vehicle or parts manufacturer, insurer etc.) should be held responsible for the crash and is liable for paying compensation.

Some Common Cases of Truck Driver Negligence

Increasing numbers of big rig clashes have become a big worry for both the public and the government. What makes it even worst is the risk of serious trucking injuries because of the size and sheer weight of the trucks.

While there are numerous causes behind these terrifying truck accidents, driver error remains the number one cause, although it may be interrelated with issues like condition of the truck, weather conditions, and other possible general negligence issues.

People commonly ask what do if they are in a truck accident.  Should you try to resolve the issue directly with the truckers’ insurance company?  There’s a saying in the law that if you represent yourself you have a fool for a client!

If you or your loved one has fallen victim to a big rig accident, then it is essential for you to seek help from an experienced truck injury lawyer to discuss your rights and protect you from the insurance company taking advantage of you by endlessly going over your version of events untils there are inconsistencies and then offering pennies of the dollar.  Also, a truck accident lawyer will have experience in navigating the landmines the insurance company plants, and experience matters. 

In working up the truck litigation, the lawyer will investigate if the incident was the result of any of the following driver errors or negligence-

Speeding is common for many truckers, which helps them meet the aggressive delivery schedules.  Truckers are often paid per mile, so the more miles per hour = more dollars and less safety. Speeding is dangerous and has caused many fatal truck accidents.

Exhibiting dangerous driving practices such as unsafe lane changes, tailgating, etc. are the signs of a hostile driver who can be a serious threat to others on the road.

Many times, drivers fail to secure the load properly that leads to imbalance or moving items and can result in uncontrolled movements of the vehicle posing threats of accidents.

Drivers neglecting the importance of installing and maintaining rear-view mirrors or other blind spot detectors may appear to be a minor issue, but can cause serious consequences.

Improper training can also result in driver errors that can include failure to react properly on changed weather conditions and unexpected road hazards.

Truckers consuming drugs or alcohol before getting behind the wheel of the truck are inexcusable and a big threat to others on the road. It has been a major reason for lost lives in the past.

If your lawyer identifies that your accident was the result of any driver error or negligence, you can discuss filing a lawsuit against the trucking company to receive compensation for your injuries.

How The Driver’s Documents Can Be Helpful In Resolving Accident Cases?

There are many rules and laws regarding the safety of people on road. But when someone breaks the law, he or she poses a threat not just to himself, but to others on road. Every big vehicle on road is like a ticking time bomb if not driven properly.

Road accidents involving heavy commercial vehicles often lead to devastating outcomes.  The sheer force of the vehicle with its mass upon impact can create quite a crunch and can permanently alter and extinguish life.

There are laws to protect the truck accident victims, but it is also a hard truth that the victims of such brutal accidents face lots of obstacles in obtaining justice and sufficient compensation due to the intricacies involved in litigation.  Immediately after the accident, the professionals from the insurance company may try to lock you into statements while under the stress of the event, and anything you say may be used against you.

In you or someone you know has fallen victim to such an unfortunate trucking incident, you should consult a truck accident injury attorney. An experienced lawyer can help you get justice by investigating all the aspects and documents associated with the case.

In most, if not all of truck accident cases it is essential to request the correct documents especially those in the driver’s file. Some of the documents that can significantly help in tracking the history of a driver include-

The driver investigation record
Employment documents – Personnel File
State driving license (including record)
Medical certificate (CDL clearance)
Alcohol and drug testing record

These documents may hold decisive information about the driver, which could be helpful in identifying the medical situations (if any). It will also reveal the driver’s history that can help in identifying whether safety violations have been done by the driver in the past and whether the driver is legally prohibited from driving (due to some medical conditions, unlawful activity, etc.).

An experienced trucking lawyer can dig deep for the information during an investigation, as they are backed by years of experience in handling such sensitive catastrophic injury cases.

How The Victim’s Case May Be Stronger If The Truck Driver Was Not Wearing A Seat Belt?

Not wearing a safety belt is one of the contributing reasons behind injuries and deaths in truck accident cases. According to law, it is necessary for CMV drivers to confine themselves properly with seat belts. It is believed that it helps in minimizing the damage in case of an accident.  There have been so many campaigns to have people use seat belts, that today it is the exception rather than the rule where people don’t buckle up. Many states have laws that force and enforce seat belt use like “click it or ticket.”

How safety belts protect people?

It keeps drivers restrained to their seats even during an impact. It makes it easier for them to control vehicle effectively, saving other’s lives.

It can spread the stress and impact force (in accident) throughout body. It decreases the risk of serious injuries.

What are the laws about wearing seat belts?

States are responsible for making and managing rules for this aspect of road safety. It is necessary for drivers to wear these restraints. Not wearing them is considered a direct violation of law. Police officers can issue a ticket to the driver if he or she violates this law.

Sometimes, unbelted drivers get a citation by the police officers (if they are stopped for another reason such as driving over speed limit). The fine in these situations varies from state to state.

What are the consequences of not wearing safety belts?

An individual can get a ticket for it. Not wearing seat restraints increases the risk of injures or casualties. Trucking companies lose their employees, whether for months (in injuries) or permanently (in death). Compensations, medical bills & insurance, lost services of employees, lost business, and rehiring costs a lot.

How a victim’s case may be stronger if it is proven that truck driver was not wearing seat belt?

If it is proven in court that truck driver was not wearing the safety belt during the accident, it is indicative that the truck driver is ignoring even the simplest of safety measures. Ignoring the little things may be probative that they are ignoring the bigger things as well.

The truck accident injury law firm may use this inference for their clients’ benefit during negotiations with the trucking company. In these negotiations, the truck victim’s lawyers can reference the fact that company’ employee was not following state’s rules.

Many times, trucking companies’ attorneys try to protect their client by claiming that victim’s injuries or death was caused by negligence (of not wearing seat restraints). Whatever the reason or argument is, it is clear that seat restraints can protect people’s lives whether they are truck drivers or others on road.

How An Experienced Lawyer Can Help The Victims Of A Truck Accident?

Big rig accidents are terrifying and literally and figuratively leave a horrible impact on the accident victims. Accidents that involve commercial vehicles bring complexities of taking an action against the driver along with the trucking company. Victims and their families can and should seek help from a reputable truck accident injury lawyer, if they were in a trucking accident and sufferer an injury from the truck.

Below mentioned are some of the most important areas, in which an experienced lawyer may work on, some of which may be time critical Investigation Reports- Firstly, it is essential to obtain the police reports and see the official accident report completed by the officers that were at the accident site. It is vital to collect the copies of photos and videos taken at the site, if you retain an attorney quickly, they may send an investigator to the scene and a notice to preserve the truck to see if there is any equipment or other failure.

Eyewitness Statements- There are times when commercial accidents are witnessed by a number of people that were present at the scene and are willing to provide their statements, videos, and photos. All the information becomes more crucial as the case moves on and the best recollection is generally closer in time to when the truck accident was witnesses.

Trucking Company Record- It is one of the most vital aspects, as trucking companies may attempt to destroy the documentation. Therefore, it is extremely important to obtain records of the vehicle from the company that can include maintenance reports, training and certification records, etc.

Black Box Data- Some of the trucks have black boxes installed that are used to maintain the records of the driver’s activities. It is extremely important to ensure that the data in the black box is preserved and translated after the incident.

Records of Medical Treatments- For victims and their families, it is necessary to keep the record of their medical treatments from emergency medical services to current medical treatment. Lawyers use these documents to show the initial presence and development of the injuries and sufferings. Reports of the doctors will play a significant role in obtaining the best results in the lawsuit.

The insurance company and the trucking lawyers who defend the cases are immediately working to try to lock you into a statement and circumvent your rights, you need someone from day 1 to protect you as well, especially if the truck accident involved a death or serious injury. Thus, it is necessary to seek assistance from a professional attorney to fight for your rights.

Why The Pay System Of The Trucking Industry Needs Change?

There are numerous causes behind the increasing numbers of truck accidents. Some of the main causes behind these incidents are driver fatigue, negligence, weather conditions, road structure, equipment failure, etc.

There are few other causes that remain behind the curtains are also hazardous and contribute significantly in the rising numbers of these heart-breaking incidents. Many industry experts believe that the current pay structure of the trucking industry is insecure and is one of the underlying causes behind increasing numbers of accidents.

According to the current pay model, the majority of the drivers get paid by the mile. The more miles they drive, the more money they earn is a key factor that gives truckers encouragement to violate mandatory safety guidelines. Paying a trucker by the hour is a much safer option, which is not used by most of the trucking companies.

It has been noticed that the trucking companies that made the switch and paid their drivers by the hour were not only able to reduce driver’s turnover, but also enhanced safety. This is the reason that now Federal Motor Carrier Safety Administration (FMCSA) is also showing its concerns towards this issue and trying to determine the correlation between driver pay and safety.

It will help them identify whether or not this pay system engages driver in causing an avoidable accident. It is expected that the results will show a connection between being paid by mile and increased chances of an accident, particularly when compare with drivers receiving hourly pay.

At the end, we can say that this pay model also suggests that a trucker who should have stopped driving, but did not because he received an incentive to continue. Therefore, it is believed that it is a wrong pay model that could be the cause behind many road accidents and should be changed. Many truck accident injury attorneys have also raised the matter of this pay system in many lawsuits and have litigated it as a potential reason that the negligent act occurred. 

Trucking companies need to place safety first. Ironically, if they did that then their profits will increase as they won’t have to fend off litigation from trucking accidents or worse the publicity of a trucking fatality.

How To Find If The Driver Was Fatigued During The Accident?

Accidents involving commercial vehicle are devastating due to their sheer weight and size. Federal laws clearly prohibit high-risk driving that can lead to such terrifying crashes.

Driver fatigue remains to be one of the major causes behind these unfortunate incidents. While exhausted drivers behind the wheel are as dangerous as intoxicated drivers, it is very difficult to test fatigue unlike drugs or alcohol.

The driver’s log is the best way to discover if a driver is exhausted or not. Accurately maintained logs can reveal things like if the driver was following the driving hours limit or not, which is a crucial aspect in finding out if the driver was fatigued during the incident or not.

Even, if these logs are falsified, your truck accident injury attorney can use other techniques to find if the driver was fatigued like -

• Compare the time stamp on fuel dockets to reported locations.

• By evaluating time between fuel stops, or port of destinations considering speed limits and current road conditions.

• Searching for suspicious entries, which may include the same time recorded for port of entry logs on successive trips.

Other factors your lawyer may consider include-
 

• Over speeding is also an indicator that the driver was fatigued and wanted to arrive at the destination as early as possible.

• Accidents that occur in the afternoon could be due to all night driving or inadequate sleep, which is also associated with driver fatigue.

• It is mandatory for the truckers to maintain their driving logs that track their compliance to the rules that went into effect in July 2013.

These regulation include-

• Maximum driving hours - 70 hours a week.

• Drivers that reach the 70 hours driving mark can continue only after taking rest of 34 continuous hours.

• Trucker must take a 30 minutes break in first 8 hours of their shifts.

It is the responsibility of every truck driver to maintain an accurate driver log. However, many times they fail to maintain these logs just because of immense pressure from the employer. Nevertheless, at the end, we can say that whether it is trucking companies or drivers, all of them need to understand the importance of safety and compliance with the law.

The Dangers of Drug and Alcohol abuse by truck drivers?

A commercial truck poses a greater threat to the smaller vehicles on the road. But a drugged or drunken truck driver can increase this threat manifold and an incapacitated truck driver’s actions may result in lost lives, injuries, and emotional and financial damage.

Drug use by a truck driver if proven and evidenced by a truck accident injury lawyer can be strong evidence of negligence in a trucking lawsuit against the company.

The Federal Motor Carrier Safety Administration (FMCSA) enforces rules for road safety in the United States. It includes rules regarding drug and alcohol use for truck drivers. Every driver has to follow these rules and regulations.

Operators of the commercial motor vehicles (CMV), including bus and trucks require commercial driver's license (CDL). Every driver with a CDL license needs to be tested for alcohol and drug use, whether they work for full-time, part-time, intermittent or as a backup.

This test is known as the Department of Transportation or DOT test. In this test, an individual is tested for five types of drugs, which are Amphetamines, Methamphetamines, Cocaine, Marijuana, Opiates, and Phencyclidine, also known as PCP.

Testing is done –

Before hiring – Before hiring and allowing a driver to drive Commercial Vehicles, an employer must check for a negative test result.

On suspicion – An individual might be tested if employer is suspicious about him. CDL operator supervisors are trained to find suspicious behavior of employees in a trucking company. However, their suspicion should be reasonable so that it does not violate an employee’s rights.

After accidents – After a truck accident, a driver may be tested for drug or alcohol use. However, it depends on several conditions related to accident. One would think that this testing should be done automatically to rule out any suspicion.

Randomly – Drivers can be randomly tested for drug and alcohol use. This rule also applies to those who work for themselves without an employer.

After return to duty – If a driver fails to qualify or refuse DOT test, then he must be stopped from operating a CMV vehicle immediately. If this individual wants to return to duty then he must qualify this test first. Individuals, who violated the prohibitions of 49 CFR Part 382 Subpart B also fall under this category.

They need to complete their return to duty procedure with a DOT-qualified substance abuse professional. Return to duty individual who qualify all the rules and regulations also need to be tested at least six times in 12 months. This period can be extended for four more years.