Truck Accidents, Drugs, & Alcohol
The Federal Motor Carrier Safety Administration has created numerous rules in regard to drug and alcohol use by truck drivers. Drug and alcohol use increase the rate of truck accidents on our nations highways and roadways. Specifically, Federal Motor Carrier Safety Regulation (FMCSR) §382.101 establishes programs designed to help prevent commercial vehicle accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles.
FMCSR §382.205 discusses the on-duty use of alcohol. It states in pertinent part, “No driver shall use alcohol while performing safety-sensitive functions. No employer having actual knowledge that a driver is using alcohol while performing safety-sensitive functions shall permit the driver to perform or continue to perform safety-sensitive functions.” What does this mean in Laymen’s terms? Truck drivers can’t drink alcohol while driving a tractor trailer or performing any other safety-sensitive work. Also, no truck company is allowed to let their truck drivers operate a tractor trailer or perform safety-sensitive functions if the company is aware the truck driver has been drinking.
Pre-duty alcohol use is discussed in FMCSR §382.207. It states, “No driver shall perform safety-sensitive functions within four hours after using alcohol. No employer having actual knowledge that a driver has used alcohol within four hours shall permit a driver to perform or continue to perform safety-sensitive functions.” This regulation is straight forward, although one would be surprised how often it is not followed.
Post-accident alcohol use is a significant issue in many Missouri truck accidents. If a truck driver drinks alcohol following a truck crash, but before he/she is tested, the results will be skewed and inaccurate. FMCSR §382.209 discusses the requirements for drivers required to take a post-accident alcohol test under FMCSR §382.303. The regulation requires a driver to refrain from the use of alcohol for eight hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.
The issue of “refusal” often arises after truck accidents when the tractor trailer driver won’t take a required drug or alcohol test. FMCSR §382.211 states, No driver shall refuse to submit to a post-accident alcohol or controlled substances test required under FMCSR §382.303, a random alcohol or controlled substances test required under FMCSR §382.305, a reasonable suspicion alcohol or controlled substances test required under FMCSR §382.307, or a follow-up alcohol or controlled substances test required under FMCSR §382.311. In addition, no employer shall permit a driver who refuses to submit to such tests to perform or continue to perform safety-sensitive functions. In sum, if a driver will not submit to a required test, the driver is to be talked out of service and not allowed to drive.
As an experienced Missouri truck accident lawyer, I am happy to discuss your case with you and answer any questions you may have. If requested, I will immediately alert our truck accident team and begin taking the same action as the truck company and their insurance company.
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