Austin Truck Accidents Caused by Drug & Alcohol-Impaired Truck Drivers

Commercial truck drivers must remain alert and capable whenever they operate a large commercial vehicle. Alcohol or drug impairment can affect a driver’s judgment, reaction time, and ability to operate a truck safely, increasing the risk of a serious collision.

Commercial drivers are subject to federal drug and alcohol requirements designed to reduce impaired driving. If you were injured in Austin by a commercial driver who was impaired by alcohol or drugs, our Austin truck accident attorneys can review the circumstances of the crash and explain the legal options that may be available.

Evidence in an impaired truck driving case may include police reports, citations, drug or alcohol test results, witness statements, video footage, electronic truck data, and trucking company records. Identifying and preserving this evidence can help determine how the crash occurred and which parties may be responsible.

Austin DUI Regulations for Commercial Truck Drivers

Commercial truck drivers who are subject to Federal Motor Carrier Safety Administration regulations must follow stricter alcohol and drug requirements than ordinary motorists.

FMCSA regulations prohibit a commercial driver from performing safety-sensitive duties with an alcohol concentration of 0.04 or greater. The rules also prohibit alcohol use within four hours before driving or performing other safety-sensitive duties.

You can review the current requirements in the FMCSA alcohol and drug regulations.

When Commercial Drivers May Be Tested

Commercial drivers may be subject to drug and alcohol testing in several circumstances under federal regulations.

• Pre-employment testing: An employer generally must receive a negative controlled-substance test result before allowing a new CDL driver to operate a commercial motor vehicle.
• Random testing: Commercial drivers may be selected for unannounced random drug or alcohol testing.
• Reasonable-suspicion testing: A trained supervisor may require testing when specific observations support reasonable suspicion of drug or alcohol use.
• Post-accident testing: Drug and alcohol testing may be required after certain commercial vehicle crashes.
• Return-to-duty testing: A driver who violates applicable drug or alcohol regulations must satisfy return-to-duty requirements before resuming safety-sensitive duties.
• Follow-up testing: Additional unannounced testing may be required after the return-to-duty process.

When FMCSA post-accident testing requirements apply, an alcohol test must generally be completed within eight hours of the crash and a controlled-substance test within 32 hours. If the applicable test cannot be completed within those periods, the employer must stop attempting the test and document why it was not completed.

You can review the current FMCSA post-accident testing guidance.

What Commercial Driver Drug Testing Covers

Federal commercial-driver drug testing covers several categories of controlled substances, including:

• Marijuana
• Cocaine
• Opioids
• Amphetamines
• Phencyclidine, or PCP

A driver who has an alcohol concentration of 0.04 or greater, refuses a required test, or has a verified positive controlled-substance test must be removed from safety-sensitive duties. The driver may also have to complete the required return-to-duty process before operating a commercial vehicle again.

FMCSA also requires a driver with an alcohol concentration of at least 0.02 but below 0.04 to be removed from safety-sensitive duties for 24 hours.

How Can I Recover Compensation After an Austin Drunk Truck Accident?

If you were injured in a crash caused by an impaired commercial truck driver, the compensation that may be available depends on the circumstances of the collision, the responsible parties, and the losses you sustained.

A truck accident claim may involve medical expenses, lost income, property damage, pain and suffering, and other legally recoverable losses.

Our attorneys can investigate the crash and gather available evidence, including police reports, citations, drug and alcohol testing records, witness statements, surveillance or cell phone footage, and information recorded by the truck’s event data recorder, or EDR.

We may also review the truck driver’s employment and driving history. If evidence shows that a trucking company knew or should have known about conduct that created an unreasonable safety risk, the company’s actions may also become part of the investigation.

Evidence That May Support an Impaired Truck Accident Claim

• Evidence showing how the truck driver or another responsible party contributed to the crash
• Medical evidence connecting the injuries to the collision
• Records documenting medical expenses, lost income, property damage, and other losses
• Drug or alcohol testing results, when available
• Police reports and citations
• Photographs, video footage, and witness statements
• Electronic truck data and relevant trucking company records

A civil injury claim does not depend solely on whether the commercial driver was criminally charged with or convicted of DUI. Evidence showing that impairment or another unsafe driving action contributed to the collision may still be relevant when determining civil responsibility.

When appropriate, an investigation may also involve accident reconstruction specialists and other professionals who can help evaluate how the collision occurred and document the effects of serious injuries.

Contact an Austin Semi Truck Accident Lawyer for Help

If you have been injured in a crash caused by an intoxicated or drug-impaired commercial truck driver, the attorneys at Herrman & Herrman, P.L.L.C. can review what happened and discuss your legal options.

Our firm has offices in Austin, Brownsville, Corpus Christi, Corpus Christi South Side, Dallas, Ft. Worth, Houston, McAllen, and San Antonio.

The sooner an investigation begins, the sooner potentially important evidence related to the truck driver, trucking company, testing records, and collision can be identified and preserved. Contact us online or call our Austin office at 737-209-7277 to request a consultation.