Posted by : attorney stevelee

Trucking Company DUI Accidents

Trucking companies are required to comply with federal drug and alcohol regulations, including Department of Transportation (DOT) supervisor training. Under federal law, trucking companies must immediately remove drivers from service when they test positive for drugs or alcohol, refuse to be tested, or violate DOT drug and alcohol rules.

DOT Drug and Alcohol Supervisor Training

Under 49 CFR 382.603, commercial motor vehicle drivers must receive 60 minutes of training on the symptoms of alcohol abuse, and another 60 minutes of training on controlled substance symptoms. This training is intended to help supervisors determine when a driver is using alcohol or drugs, supporting referral of the driver for testing.

Anyone who’s considered a safety-sensitive employee under DOT regulations is subject to drug and alcohol testing, and this includes all commercial drivers’ license holders who operate commercial vehicles. Supervisors must refer a driver for alcohol or drug testing when they suspect a driver has:

  • Used alcohol or illicit drugs while they were assigned to perform, or actually performing, safety-sensitive functions.
  • Reported for service or remained on duty when they had a blood alcohol concentration of .04 or above.
  • Consumed alcohol within four hours of reporting for service.
  • Used a controlled substance not prescribed by an authorized medical practitioner.
  • Refused to submit to any test for alcohol or controlled substances.
  • Refused to submit to any test by adulterating or substituting their specimen.

Trucking Company Negligence

If you were injured due to a collision with an intoxicated truck driver, an experienced truck accident attorney can help you receive the compensation you deserve. Your lawyer will investigate to determine if the trucking company is guilty of negligence due to improper drug and alcohol testing procedures. If so, you may be entitled to collect damages for your medical bills, loss of income, and pain and suffering.

To learn more, contact the law offices of Steve M. Lee, P.C., by clicking the Live Chat button on this page.

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