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.

Why some trucking companies are still using arguably unsafe braking technology?

Air disc brakes provide many safety benefits over drum brakes. Some of the primary usages of disc brakes includes shorter stopping distances, improved brake life and reduced maintenance costs.

According to a popular magazine statement, it was estimated that majority of the heavy truck buyers in US are still purchasing vehicles with less safe brakes. The reason behind this is generally more profits even though the air brakes are becoming more cost effective.

Some buyers do not understand that disc brakes may be expensive in terms of the upfront cost, but in the durability aspect, they are very cost effective.

In regard to this, motor carriers deny and say that this braking system increase around 100 pounds per axle that reduces turnover. Nonetheless, in their strong desire to enjoy lucrative profits, they have failed to understand the importance of avoiding terrible trucking accidents that occur every day.

Trucking companies and buyers need to think about innocent motorists that share the roadways with 18-wheelers and become victim of painful accidents. Victims of these truck related injuries should speak with a truck accident attorney to have their case evaluated and to find out if the causes behind the incident are negligence of the trucking companies or their drivers and with a trucking lawsuit the company can be held accountable.

These professionals use their years of experience in the industry to reveal many hidden aspects of the incidents that may change the entire direction of your case.

Everyone should understand that there are no circumstances when importance of profits can be justified over safety and lives of other people on the road. Everyone’s safety should be the top priority.

How Lawyers Use Black Box As Evidence in Truck Accident Cases?

Due to the increase in the number of truck accidents, the commercial trucking industry started to implement the use of black boxes to strengthen the safety aspect. Black Boxes are prominently discussed in the context of airplane accidents, and most recently the retrieval in the latest AirAsia air plane disaster and before that the hunt for the black box in the Malaysia air disaster mystery. The thought is that retrieval of the box will be instrumental in determining what occurred. But did you know certain trucks have a black box?

This monitoring system is used in the commercial vehicles right throughout the nation. It is also known as electronic log system. It is the key source of information about the journey of vehicles and other useful details that can significantly help in resolving accident cases.  The thought process behind the recording of useful information, is that if the company and driver and cognizant that there is a black box, they will drive more safely and encourage safer driving since the data about any accident will be electronically recorded.  Conversely, if the company encourages safe driving, the data will vindicate the driver and the company in the event of a catastrophic accident or trucking fatality where the driver is not at fault. 

Lawyers that focus in handling truck accident cases petition the court to download the data from the black box as quickly as possible. This information can play a significant role in the outcomes of a trucking accident case.

To prevent any kind of tampering with the information, the truck accident attorney or their designee should be present while the data is downloading.

Many trucking companies may refuse to preserve the data due to a number of reasons. However, that too can be used against them. In such situations, lawyers can request for an Court order to ensure that the box and the data are preserved until inspection.
Lawyers may use this evidence in different ways. While some use it during the driver statement, others use it to impeach the testimony. 

Importance of black boxes

• Black boxes are used to track issues associated with vehicle repairs. It can also be used to track driver’s performance, which includes issues such as speed control and use of sudden breaks.
• It also contains e-mail exchanges between drivers and trucking company that could lead your truck accident attorney to discover possible issues such as tired driver, mechanical issues, etc.
• Data that can be achieved from these boxes will differ on its model. Most of the times, these electronic systems includes valuable information such as rigid braking, clutch engagement, etc.

In the nutshell, it is the responsibility of the lawyers to determine how they will use this evidence after considering the facts and circumstances of the accident.

By Following Rules Truck Drivers Save Lives

The Federal Motor Carrier Safety Administration (FMCSA) is responsible for regulating trucking companies in the United States. This authority works to improve the road safety, by making efforts to reduce the number of crashes. FMCSA manages rules and regulations related to the commercial motor vehicles including trucks.

FMCSA has Hours of Service (HOS) regulations that every truck (or any other commercial motor vehicle) driver has to follow. The latest HOS Final Rule overhaul was February 27, 2012. Few changes were made in the regulations in 2013. Some rules for property carrying and passenger carrying vehicles are different, while there are other few that are same for both.

Regulations for work timings for truck drivers are –

• They cannot drive for more than 11 hours per day.
• They can be on duty for only 14 hours per day. They can resume work after spending 10 consecutive hours off duty.
• They can work for a maximum of 70 hours in a week.

Previously, the maximum limit was 82 hours in an average workweek, but it was changed in July 2013.

Regulations about rests & breaks are –

• It is also necessary for drivers to take a 30-minutes break in the first 8 hours of their shift.
• For working more than 70 hours in a week, they must rest for 34 consecutive hours. It includes rest of at least two nights according to their body clock (1 a.m. to 5 a.m.).

Regulations about on duty time–

• It does not include the time that driver uses for resting in a parked truck.

Before the new provisions, on duty time included any time spent in the vehicle, excluding sleeper berth.

Regulations about penalties–

• Penalties are applied on drivers if they drive more than 3 hours after passing their driving limit. Allowing someone else to drive may also give rise to a penalty.

Regulations about oilfield exemptions–

• At oilfields, waiting time for drivers should be noted as off duty on a logbook.

In case of an accident, if the truck accident attorney of the victim proves that the driver was not following the given regulations, it may go against the driver and the company.  The problem is that the companies try to make drivers work over the maximum amount of hours to add to profits, but in turn creates a more dangerous environment,

Why are Cases of Truck Accidents Gradually Increasing?

Even though the safety of vehicles is increasing, the amount of accidents with trucks keeps increasing as well. Perhaps it is because with the increased speed and safety of cars, people are more cavalier with the way they drive, but despite the enhanced safety features, when a car is in a truck accident, the car almost always loses.

Collisions with big vehicles like trucks always cause heavy damage, whether it is financial, physical, or emotional. While there are many reasons why more and more cases of truck accidents are being reported, here are 3 other reasons mentioned below-

1. For covering long distances in less time, drivers go beyond speed limits and put others lives at risk.  With the bad economy, truckers needs to do more for less, and they are often paid per mile, so they have every incentive to complete the delivery rather than do so in the safest possible manner.

2. Similarly, another reason behind increasing truck accidents is that drivers need to stay awake for longer periods, which exhausts them. Moreover, continuous driving makes them feel tired, which affects their concentration levels as well. Due to lack of sleep, many of the truck drivers forget to use many simple safety measures such as giving indicators while turning or changing lane. It may sound like a minor negligence, but can cause terrible accidents.

3. Poorly maintained vehicles also lead to disastrous accidents. Many trucking companies ignore the maintenance deadlines of these commercial vehicles, which can lead to sudden equipment breakdown. Pennywise and pound foolish, cutting corners with safety can lead to cataclysmic results.

What should a truck accident victim do for justice?

If you or your loved one has fallen victim to a truck accident, you should consult an experienced truck accident injury law firm for legal help.

An experienced can help you file a lawsuit against the trucking companies to protect the rights that you are entitled to. They will carefully analyze the situation and collect all possible evidence and determine who to sue, and exhaust the search for all possible policies.

They will use all their knowledge to ensure that you get appropriate compensation to cover your medical expenses, lost wages, and emotional suffering.

Most lawyers even provide free consultations and handle you case without any fee up front. Trucking lawyers are only paid if they win your case, so you have nothing to lose by calling them for a free consultation.

Hire A Truck Accident Lawyer In Your State

If you or a loved one has been injured in a truck accident, Our JTB Group of lawyers are ready to fight for you with Free initial consultation. Call us Toll Free (844) JUSTICE.

Looking For Help After A Truck Accident?

Every truck accident has the potential to be catastrophic. If you or a loved one has been injured in an truck accident, Call an attorney from JTB Law Group, LLC at (877) 561-0000 to arrange your free consultation. Our aggressive and experienced truck accident lawyers have recovered Hundreds of Millions for injury victims.