Trucking is a lonely profession, especially for long-haulers who can miss family and friends for weeks at a time. To cope with the stress, some truckers turn to drugs. These drugs have many side effects which impact a driver’s performance.
The trucking industry is heavily regulated, and any drug or alcohol use is unacceptable. At Chance, Forlines, Carter & King, P.C., we can investigate whether the trucker who caused your crash was chemically impaired by drugs, including marijuana. Call us to speak with an Atlanta truck accident lawyer in a free consultation.
Required Testing
The federal government requires that trucking companies regularly test their truckers:
- Pre-employment screen. The trucking company should engage in a screen before allowing a trucker to perform safety-sensitive functions.
- Random testing. A company should randomly test their truckers throughout the year.
- After certain accidents. Truckers should be tested after most accidents, including those which cause bodily injuries or death.
- When suspected of impairment. Trucking companies are also obligated to test drivers if they have reason to suspect the employee is impaired by drugs or alcohol.
If a trucker fails a test, then the company should immediately suspend the driver. The trucker also must complete a return to duty process, which usually involves drug counseling and passing a clean test before they can get back out on the road.
How Common is Drug Use?
Despite all the required testing, many truckers continue to fail tests. They endanger their livelihood, as well as public safety.
How common is drug use? One meta-study pegged the percentage of truckers using psychoactive drugs at 27.6%. About 21% had used amphetamines and a smaller number had used cocaine. Of course, this is just one study, but a 1 in 4 rate is extremely high.
Other data supports the theory that drug use is widespread. In 2023, the FMCSA reported that 61,443 truckers had failed a drug test, which included marijuana. Those numbers were down compared to the year before but are still high.
We also must consider drug refusals. Truckers who refuse a test should be suspended, probably because they might be hiding something. The number of refusals has creeped up over the years.
As the stigma against marijuana wears off, we can anticipate more truckers using weed. No trucker should use drugs while working or before getting into the rig.
Evidence of Impairment and Your Truck Accident Case
Many accident victims don’t know why a large truck just crashed into them. For many, the days after the crash are a blur as they are loaded into the back of an ambulance, rushed to the hospital, and possibly spend several nights under careful monitoring.
However, when it comes to obtaining compensation, accident victims need to prove fault for the crash. There are several ways to do this. If a trucker broke a traffic law, then you have strong evidence. And any chemical impairment will improve your chances of holding the trucker and their employer responsible.
Our lawyers can request evidence from any drug test, whether it was taken by the police or the trucking company. This test can show the presence of drugs in the blood or urine. We can then use this evidence to establish fault.
Punitive Damages
A Georgia accident victim might also request punitive damages if a trucker is high or drunk. These damages are in addition to any compensatory damages for pain, car repair, medical bills, and lost income.
In Georgia, punitive damages are only available when the defendant’s conduct is especially heinous. Driving on the job while intoxicated or drunk is a clear example of exhibiting a lack of care toward the safety of others.
The goal of punitive damages is to punish the defendant while at the same time deterring them from repeat offenses. Our firm believes in the importance of public safety, so we will seek punitive damages where appropriate. Let’s talk about your accident and what evidence is available for use in your claim.
Schedule Your Free Consultation
Our Atlanta truck accident lawyers have spent years advocating on behalf of injured victims, and we take pride in holding some of the largest trucking companies in the southeast accountable. There is no excuse for impaired driving. Truckers should not be consuming drugs or alcohol and then driving. Their employers should follow their testing obligations rigorously.
If a drunk or drugged trucker crashed into you, then call our office today. We can file a claim for compensation and possibly pursue a lawsuit against the correct defendants for compensation.