Fatal Truck Accident Blamed on Alcohol
A woman was recently killed in a fatal truck accident allegedly caused by a drunk truck driver in North Carolina. The truck driver, who blew a .18, flipped his large truck after hitting an embankment on a local highway. The truck driver was charged with a DWI and felony death by vehicle. No civil charges have been filed.
The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA), a federal industry that provides uniform laws for all commercial vehicles traveling between states. The agency was created because large truck accidents continue to rise in number every year and are subject of growing concern, as the damage caused by such incidents are so grave.
A primary area of emphasis for the FMCSA is drug and alcohol testing for commercial drivers. The agency not only requires testing prior to being licensed, but also implements continued drug and alcohol testing to prevent possible dangerous situations, such as the accident above that was likely caused by a drunk truck driver.
The following alcohol tests are required:
Post-accident - conducted after accidents on drivers whose performance could have contributed to the accident (as determined by a citation for a moving traffic violation) and for all fatal accidents even if the driver is not cited for a moving traffic violation;
Reasonable suspicion - conducted when a trained supervisor or company official observes behavior or appearance that is characteristic of alcohol misuse;
Random - conducted on a random unannounced basis just before, during, or just after performance of safety-sensitive functions;
Return-to-duty and follow-up - conducted when an individual who has violated the prohibited alcohol conduct standards returns to performing safety-sensitive duties.
Follow-up tests are unannounced. At least 6 tests must be conducted in the first 12 months after a driver returns to duty. Follow-up testing may be extended for up to 60 months following return to duty.
FMCSA drug testing evaluates the presence of the following drugs:
- Marijuana (THC metabolite)
- Cocaine
- Amphetamines
- Opiates (including heroin)
- Phencyclidine (PCP)
The testing is a two-stage process. First, a screening test is performed. If it is positive for one or more of the drugs, then a confirmation test is performed for each identified drug using state-of-the-art gas chromatography/mass spectrometry (GC/MS) analysis to ensure that over-the-counter medications are not reported as positive results.
Commercial drivers license (CDL) holders who test positive in either the alcohol or drug testing will be removed from all safety-sensitive functions, meaning they will be unable to drive or operate any machinery until undergoing thorough substance abuse examination, determining any underlying issues or dependencies. If a substance abuse professional is needed, the CDL holder will be removed from all duties until treatment recommendations are complied with for the extent recommended, so as to prevent any harm.
Page Cagle, a St. Louis personal injury law firm, successfully and aggressively represents clients injured in large truck accidents. The FMCSA guidelines mentioned above are an important tool used in litigation. Where it is shown that a truck driver in the trucking industry has violated the federal laws and causes an accident, liability will most likely be established against the truck driver and/or trucking company.
It is important that you choose an experienced attorney who is familiar with FMCSA regulations and trucking industry litigation to represent you in a truck accident lawsuit.
If you or a loved one is injured in a St. Louis truck accident, I am more than happy to speak with you about your case. I offer free consultations; you pay nothing unless you recover.
You can reach me 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). You can also email me at john@pagecagle.com or visit my website, www.TruckAccidentLawGroup.com, for more information. I look forward to speaking with you.
