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Miami Truck Accident Attorneys Explore the D.O.T.’s New Rule to Combat Drugged Driving

The Miami truck accident attorneys at Greenberg, Stone & Urbano recognize that drunk and drugged driving continues to be a significant problem in the trucking industry. Truckers spend long hours on the road, often at night. This sometimes leads truckers to ingest stimulant type drugs or drink alcohol while behind the wheel.  Federal regulations have long required trucking companies to drug and alcohol test employees, but information concerning a truck driver’s refusal to take a test or failure of a drug test has never been compiled in one national database.  In turn, there have been several serious accidents involving drivers that had failed drug tests, but employers were unaware of their status due to the localized nature of drug test records.

The United States Department of Transportation’s Federal Motor Carrier Safety Administration recently announced a final rule calling for the establishment of a national drug and alcohol testing database for commercial truck drivers. The database will contain records for all commercial driver’s license holders who violate the D.O.T.’s drug and alcohol testing regulations. The rule will take effect January 4, 2017, and go into action for employers on January 6. 

Under the new rule, all FMCSA regulated employers, which includes commercial trucking companies, along with Medical Review Officers and Substance Abuse Professionals will be required to report violations of drug and alcohol testing by current and prospective employees to the Clearinghouse. As the Clearinghouse gathers records for more drivers, employers will easily be able to identify drivers who failed drug tests or committed other violations.  While currently truck drivers may conceal this information when seeking employment with a new agency, now there will be no hiding this negative data.  Records of violations will remain in the Clearinghouse for five years or until the truck driver has completed the return-to-duty process.

Liability for Drug or Alcohol Related Truck Accidents

Drinking or ingesting drugs while behind the wheel is one of the most reckless acts a truck driver can commit. While driving any vehicle intoxicated is extremely unsafe, operating an 80,000-pound tractor trailer while under the influence jeopardizes countless lives.  Alcohol is fairly easy for law enforcement officers to identify, but drug use may be harder to detect.

If you are injured in a truck accident and suspect that the truck driver may have been under the influence of drugs or alcohol, it is important that you take swift action. Contact our truck accident attorneys at Greenberg, Stone & Urbano for immediate assistance with your case.  Our South Florida 18 wheeler accident attorneys will initiate prompt investigations that could make all the difference in your later personal injury action against the negligent trucker that caused your injuries.

Contact the Miami Truck Accident Attorneys at Greenberg, Stone & Urbano Today to Schedule Your Free Consultation!

Drug use among commercial truckers remains high. The Miami Truck Accident Lawyers at Greenberg, Stone & Urbano hope that the government’s new clearinghouse database will have a positive impact on the rates of drugged and drunk driving by allowing for easier identification of drivers who fail or refuse tests.  If you are injured in a truck accident, contact our 18 wheeler accident attorneys as soon as possible.  At Greenberg, Stone & Urbano, we bring over 130 years of combined professional experience to your case. We have received an AV rating from Martindale-Hubbell and have been named a Top South Florida Law Firm by the Miami Herald.  Call us today at (888) 499-9700 or (305) 595-2400 to schedule your free consultation, or you can contact us online.

 

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