Driving a large commercial truck is no easy job. It takes focus, skill, and responsibility. One wrong move from a truck driver can lead to major consequences. With thousands of pounds in motion, even a small mistake can become a life-changing event. That’s why safety laws in the trucking industry are strict, especially when it comes to drug and alcohol use.
When substance use is involved, the danger increases significantly. It not only puts the truck driver at risk but also endangers everyone else on the road. Many legal questions come up after an accident caused by a truck driver impairment. Victims, families, and even other drivers want to know what happens next and how laws are enforced.
Let’s explore how the trucking industry and federal regulations deal with substance use to help keep roads safe for everyone.
Why Substance Use Is a Serious Concern in Trucking
Truck drivers often work long hours. They spend full days, and sometimes nights, behind the wheel. The physical and mental strain can lead some drivers to turn to substances. These might include alcohol, illegal drugs, or even prescription medications that affect their ability to drive safely.
When a driver under the influence gets behind the wheel, the risk of a crash increases sharply. Because of this, the trucking industry is under strict rules when it comes to drug and alcohol use.
What the Law Says: Federal Regulations
The Federal Motor Carrier Safety Administration (FMCSA) sets the national safety rules for commercial drivers. These rules apply to drivers of vehicles that weigh more than 10,000 pounds or carry passengers.
Some key regulations include:
- Blood Alcohol Content (BAC) Limits: Commercial truck drivers are considered impaired with a BAC of 0.04 percent or higher. This is lower than the 0.08 percent allowed for regular drivers.
- Drug and Alcohol Testing: Trucking companies must regularly test their drivers. This includes pre-employment tests, random tests, post-accident tests, and tests when there is reasonable suspicion.
- Zero Tolerance Policies: Drivers found using illegal drugs or misusing legal medications face immediate consequences, including suspension or termination.
The Drug and Alcohol Clearinghouse
One of the most important tools created by the FMCSA is the Drug and Alcohol Clearinghouse. This online database tracks drug and alcohol violations by commercial drivers across the country.
Before hiring a driver, trucking companies must check this database to see if the person has a history of substance abuse. If a driver fails a drug test or refuses to take one, the incident is logged in the clearinghouse.
This system helps prevent drivers with a history of substance use from getting back on the road too soon. They must complete a return-to-duty process before they can drive again.
What Happens After a Crash Involving Substance Use?
If a truck driver causes an accident and is suspected of being under the influence, certain steps must be taken right away.
- Post-Accident Testing: The driver must be tested for drugs and alcohol within specific timeframes after the crash.
- Police Investigation: Law enforcement officers will gather evidence, including test results, witness statements, and accident reports.
- Legal Action: If the driver is found to be impaired, criminal charges may follow. Victims can also file personal injury claims or lawsuits to seek compensation.
Substance use can lead to harsher penalties and larger settlements, especially if it’s proven that the trucking company failed to properly screen or supervise the driver.
Employer Responsibilities
Trucking companies are not off the hook either. They are required by law to:
- Provide regular training on substance use policies
- Keep proper records of testing and violations
- Remove any driver who fails or refuses a drug or alcohol test
- Follow all FMCSA rules and use the Clearinghouse
If a company ignores these responsibilities, they can be held partly liable for crashes and face fines or lawsuits.
How Victims Can Protect Their Rights
If you or someone you love has been involved in a truck accident involving substance use, it’s important to take action quickly. Here are a few steps you can take:
- Get a copy of the police report
- Speak with a personal injury attorney who understands trucking laws
- Request drug and alcohol test results if they are available
- Keep records of your medical bills, injuries, and lost wages
An experienced lawyer can help investigate the driver and the company to see if safety rules were ignored.
Final Thoughts
Substance use behind the wheel of a truck is not just dangerous. It’s illegal and deeply irresponsible. That’s why federal trucking laws take this issue seriously. Regular testing, strict rules, and nationwide tracking systems all work together to keep unsafe drivers off the road.
Still, accidents can happen, and when they do, it is important to know your rights. If a truck driver’s substance use leads to a crash, there are laws in place to hold them — and their employers — accountable.
Your safety matters. And so does your right to seek justice when someone else puts it at risk.
Source: Cosmo Politian
