To improve road safety, the Federal Motor Carrier Safety Administration (FMCSA) has introduced a new rule targeting commercial truck drivers with drug violations. Under this updated regulation, drivers who fail drug tests or violate drug-related regulations now face losing their commercial driver’s licenses (CDLs). The goal is clear: reduce the number of devastating truck accidents caused by impaired truckers.
Phase 2 of the FMCSA’s Drug & Alcohol Clearinghouse
Set to take effect on November 18, 2024, Phase 2 of the FMCSA’s Drug & Alcohol Clearinghouse, known as “Clearinghouse-II,” introduces stricter enforcement measures. This phase requires State Driver Licensing Agencies (SDLAs) to suspend commercial driving privileges for CDL and CLP holders with unresolved drug or alcohol violations. According to Yahoo Finance, these drivers will remain off the road until they complete the return-to-duty (RTD) process.
Building on the first phase implemented in 2021, which created a nationwide database for tracking violations, Phase 2 strengthens safety measures by actively keeping prohibited-status drivers off the road. Some states may begin enforcement before the official deadline if they have the authority to do so.
The Impact of Drug Impairment on Truck Drivers
Driving a commercial truck while impaired by drugs or alcohol severely compromises a driver’s ability to operate a vehicle safely. Impairment doesn’t just affect reflexes—it can have life-threatening consequences for everyone on the road. Key effects of drug impairment on truck drivers include:
- Reduced Reaction Time: Impaired truckers struggle with slower reflexes, making it difficult to react quickly to sudden changes on the road, such as stopping vehicles or unexpected obstacles. Tractor-trailers and semi-trucks already take longer to brake than smaller vehicles, compounding the danger.
- Impaired Judgment: Drugs can cloud a truck driver’s decision-making abilities, leading to dangerous choices such as speeding, unsafe lane changes, or ignoring road conditions.
- Loss of Coordination: Handling a large truck requires precise motor skills, which can be significantly compromised by drug use. This can make even basic maneuvers hazardous.
- Fatigue and Drowsiness: Certain substances increase drowsiness, causing truck drivers to fall asleep behind the wheel—a common and often fatal cause of truck accidents.
- Decreased Focus: Drug-impaired drivers struggle to stay alert, missing crucial traffic signals, road signs, or potential hazards, all of which can lead to severe collisions.
Understand Your Legal Rights After a Truck Accident
Being injured or losing a loved one in a truck accident can leave victims feeling overwhelmed and uncertain about what to do next. As such, it’s crucial to understand your legal rights and the options available to you. When a truck driver’s negligence or impairment causes an accident, you have the right to pursue compensation for the physical, emotional, and financial damages you’ve endured.
Conducting a Thorough Investigation
A key aspect of building a strong truck accident case is conducting a comprehensive investigation. This process involves more than just reviewing police reports. An experienced attorney can:
- Examine Driver Records: This includes checking the truck driver’s history for previous violations or patterns of unsafe behavior.
- Inspect Maintenance Logs: Trucking companies are required to perform regular maintenance on their vehicles. Failure to do so can lead to accidents caused by equipment failure.
- Review Data from Onboard Technology: Many trucks are equipped with electronic logging devices (ELDs) and GPS tracking, which can provide critical evidence about the driver’s actions leading up to the crash.
- Consult with Experts: Accident reconstruction experts can analyze skid marks, vehicle damage, and other physical evidence to paint a clear picture of how the accident occurred.
Types of Compensation You Can Pursue
Truck accidents often result in severe injuries, leading to significant financial burdens. As a victim, you may be entitled to several types of compensation, including:
- Medical Expenses: This covers all current and future medical costs, including surgeries, rehabilitation, and ongoing treatment.
- Lost Wages: Compensation for income lost due to missed work and reduced earning capacity if your injuries prevent you from returning to work at full capacity.
- Pain and Suffering: This includes both physical pain and the emotional distress experienced due to the accident.
- Punitive Damages: In cases where the truck driver’s behavior was particularly reckless or malicious, you may be able to seek punitive damages to further hold the responsible parties accountable. Punitive damages are awarded to punish the defendant and deter similar behavior.
Get Legal Help After a Texas Truck Accident
If you or a loved one has been injured in a truck accident, it’s essential to act quickly to protect your rights. Claims involving truck accidents can be complex due to the multiple parties that may be held liable, from the truck driver and the trucking company to the cargo loader and maintenance provider (among others). An experienced truck accident lawyer can help you navigate these challenges and fight for the maximum compensation you deserve under Texas law.
At Coby L. Wooten, Attorney At Law, P.C., we have the resources and experience to investigate truck accidents thoroughly. Our highly skilled legal team reviews driver records, examines maintenance logs, and identifies any violations of trucking regulations to build a strong case. We’re dedicated to holding negligent drivers and trucking companies accountable.
Among our notable truck accident case results are:
- $1.8 million for a rear-end truck accident that resulted in a closed-head injury (net amount to client, $1,007,535.60)
- $1.155 million for a fatal rear-end truck accident involving multiple defendants (net amount to client, $$672,187.24)
Contact us today to schedule a free consultation and learn how we can help you after your truck accident.