The Law Offices of Chaikin and Sherman, P.C.
Toll Free - 800.229.8384
Phone - 202.659.8600
Fax - 202.659.8680
Truck Accidents and Alcohol/Drugs
WASHINGTON, D.C., MARYLAND & VIRGINIA
Even the slightest amount of impairment can lead to deadly mistakes driving a large commercial truck. As drunk driving laws have become tougher across the board, truck drivers have not been left out of the picture. Laws concerning drug and alcohol use while operating a commercial vehicle, are very strict, much more stringent than for driving passenger vehicle.
Truck drivers value their commercial drivers license (CDL) highly. It is the key to their livelihood. Even if no one is hurt, an accident or drug or alcohol violation can mean losing their CDL and their career forever. Federal law requires that truck drivers take random alcohol and drug tests. Driver intoxication, which used to be responsible for a large percentage of truck accidents, has dropped in recent years. Drug use is much more commonly involved in trucking accidents than alcohol.
Alcohol is involved in only about one to three percent of trucking accidents. The legal BAC (blood alcohol content) for drivers of passenger vehicles varies, but it is approximately .08%. Federal law limitations for drivers of commercial vehicles is even more stringent, making it illegal for them to drive with a BAC of .04% or higher, and prohibits any alcohol use while on the job or for four hours prior to going on duty. Being on duty extends beyond just driving and includes the time spent loading and inspecting their loads.
The fatigue/drug connection
To truly understand the drug problem in trucking you must first know a little about driver fatigue. While alcohol is responsible for very few truck accidents, fatigue is involved in up to 40%. Virtually all truck drivers contend with driver fatigue at some point in their careers, and for many it is a chronic problem. This is where stimulants come in.
If you have ever had to drive for hours at a time, you have probably tried all the usual tricks for staying awake – drinking lots of coffee, rolling down the windows, listening to the radio, etc. After a while, these things no longer work. Truck drivers can’t always pull over and take a nap. They have schedules to meet and the security of their cargo to worry about. Driving every day, their sleep debt increases over the course of the week. It is at this point that some drivers turn to drugs, such as methamphetamines, to stay awake and extend their driving time.
Compared to other illegal stimulants, methamphetamines are cheap, long-lasting, and easily obtained at truck stops. The side effects, including paranoia and impaired judgment, can be deadly when combined with driving. Although Federal law requires that drivers be randomly tested for methamphetamines along with other drugs, many employers are lax on testing and enforcement. Some drivers, if they have advance warning, know how to fool the tests.
Recent Tractor-Trailer and Large Truck Accident Settlements
- $5.4 million expected lifetime payout obtained on behalf of a child severely injured when a tractor-trailer made a left turn in front of the vehicle in which she was a passenger.
- $3 million obtained by a woman who lost her leg from the knee down as a result of a collision with a utility truck that struck her vehicle head on after the truck was rear-ended.
- $2.4 million obtained on behalf of a pedestrian struck by a truck while she was walking in the crosswalk. The client sustained a brain injury.
- $1.75 million obtained on behalf of an 80 year old pastor of a community church who was in a car that was struck head-on by a truck that crossed the center line.
- $750,000.00 on behalf of a 54 year old woman who lost a portion of her arm when a tractor-trailer sideswiped her car, as she was returning from Ocean City, Maryland. She received the maximum compensation allowed, at that time, for pain and suffering in the State of Maryland.
- $600,000.00 on behalf of a woman whose vehicle was struck in the rear by a beverage truck. The client suffered a herniated disk in her neck but she had not had the suggested surgery performed at the time of the trial. This was the largest verdict rendered at the time in the Superior Court for the District of Columbia for an unoperated herniated disc.
- $600,000.00 obtained against the United States Postal Service as a result of the negligence of one of its truck drivers, who pulled out from a stop side in front of our client’s motorcycle. Our client suffered multiple fractures and third degree burns to his left lower extremity.
- $450,000.00 verdict by United States District Court Judge Thomas Penfield Jackson to a man who suffered back and knee injuries after his van was struck in the rear by a United States Postal Service truck.
- $400,000.00 obtained on behalf of a man involved in a tractor-trailer underride case. The tractor-trailer was blocking the travel portion of the roadway when the client's car went underneath it, removing the entire roof of the car and causing the client to suffer head injuries.
If you or a loved one has been injured in a tractor-trailer truck accident in Maryland, Virginia or Washington DC, please email or call our committed truck accident attorneys today. We are focused on obtaining justice for you - the victim.
