Drug and alcohol use can impair a truck driver’s judgment, coordination, reaction time, and ability to safely operate a commercial vehicle. When an impaired truck driver causes a crash in Dallas, Texas, the driver, trucking company, or other parties may be responsible for the resulting injuries and losses.
Federal regulations impose strict drug and alcohol testing requirements on many commercial drivers. Evidence of a violation can also become important when investigating whether impairment contributed to a truck accident.
Anderson Injury Lawyers can examine federal compliance records, trucking company documents, and crash evidence to determine whether driver impairment contributed to a collision. Contact us today at (214) 327-8000 to schedule a free consultation with a Dallas truck accident lawyer.
How Can Anderson Injury Lawyers Help After a Truck Accident in Dallas, TX?
Anderson Injury Lawyers can investigate whether alcohol or controlled substances played a role in a truck accident in Dallas, TX, and identify evidence that may establish negligence. Truck accident personal injury claims can involve evidence that is not available in a typical car crash.
An investigation may include:
- The truck driver’s drug and alcohol testing history
- Federal Drug and Alcohol Clearinghouse records
- Post-accident drug or alcohol test results
- Driver qualification and employment records
- Hours-of-service logs and electronic logging device data
- Dashcam or surveillance footage
- Witness statements
- Trucking company safety policies and training records
This information can help determine whether the driver violated federal safety rules and whether a motor carrier failed to properly monitor, test, or supervise the driver. Call us today to schedule a free consultation with a Dallas personal injury attorney.
Overview of Truck Driver Drug and Alcohol Rules
Federal Motor Carrier Safety Administration (FMCSA) rules require CDL drivers who operate qualifying commercial motor vehicles on public roads to comply with drug and alcohol testing requirements under 49 C.F.R. Part 40 and Part 382. The requirements apply to many interstate and intrastate commercial drivers.
When Are Commercial Truck Drivers Tested for Drugs and Alcohol?
Federal law subjects covered commercial drivers to drug and alcohol testing at several points during their employment. FMCSA requires or authorizes testing, including pre-employment drug testing, random testing, post-accident testing in qualifying situations, reasonable-suspicion testing, return-to-duty testing, and follow-up testing.
What Drugs Are Commercial Truck Drivers Tested For?
DOT drug tests screen for five categories of controlled substances:
- Marijuana
- Cocaine
- Opiates, including certain opium and codeine derivatives
- Amphetamines and methamphetamines
- Phencyclidine, or PCP
Drivers who test positive for these substances may be removed from safety-sensitive duties and face additional consequences under federal regulations.
What Are the Alcohol Limits for Commercial Truck Drivers?
Both state and federal alcohol testing rules also apply to covered CDL drivers. Texas Transportation Code Chapter 522 addresses commercial driver licensing and provides for disqualification when a person operates a commercial motor vehicle with an alcohol concentration of at least 0.04. Texas law also addresses situations involving controlled substances or drugs in a commercial driver’s body.
Federal requirements can be even more restrictive from an employment standpoint. FMCSA guidelines state that DOT alcohol testing identifies concentrations of 0.02 and above, and specific regulations govern when a driver must be removed from safety-sensitive functions.
What Damages May Be Available After an Impaired Truck Driving Accident?
A person injured by an impaired commercial driver may pursue compensation for losses caused by the collision.
Depending on the case, recoverable damages can include:
- Emergency medical treatment
- Hospital and surgical expenses
- Rehabilitation and physical therapy
- Future medical care
- Lost wages
- Reduced earning capacity
- Property damage
- Physical pain
- Mental anguish
- Physical impairment or disfigurement
The amount recoverable depends on the severity of the injuries, available insurance coverage, evidence of liability, and the extent of the claimant’s documented losses. In some cases involving particularly wrongful conduct, additional categories of damages may be available.
Comparative Fault in Dallas Impaired Driving Accidents
Multiple parties may share legal responsibility when a truck driver causes a crash while under the influence of drugs or alcohol in Dallas, Texas.
A trucking company can potentially share liability when its own negligent conduct contributed to an impaired-driving crash. Texas requires employers subject to federal commercial-driver testing requirements to report specified positive results, refusals, and related violations.
Even if a truck driver was impaired, Texas’s modified comparative negligence system may still apply if an injured person shares fault for the accident. An accident victim who is found more than 50% responsible generally cannot recover damages, while a claimant who is 50% or less responsible will have their award reduced according to their percentage of fault.
Our Dallas truck accident attorneys can review the facts of your case and explain how the law applies.
How Long Do I Have To File a Truck Accident Lawsuit in Texas?
Texas Civil Practice and Remedies Code § 16.003 establishes the two-year limitations period for most personal injury actions. Certain circumstances can change the deadline.
Waiting can also make a truck accident investigation more difficult. Electronic records, video footage, employment records, and other evidence may be lost or become harder to obtain as time passes.
A Dallas personal injury lawyer can help preserve these critical pieces of evidence before they are erased or overwritten.
Contact a Dallas Truck Accident Lawyer for a Free Consultation Today
A truck driver’s drug or alcohol use can turn an already dangerous commercial vehicle into an even greater threat to people traveling through Dallas, TX. Determining whether impairment contributed to a crash can require reviewing testing records, Clearinghouse information, company policies, and other evidence that may not be obvious at the accident scene.
Anderson Injury Lawyers can investigate the circumstances surrounding a commercial truck collision and explain the legal options available under Texas law. Contact us today to schedule a free case review with an experienced Dallas truck accident attorney.