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Truckers Often Keep Driving After Drug Arrests

Given how many trucks are on our highways and 

the devastation they can cause when they crash

, you might assume that preventing drug use among truck drivers is a priority for government agencies. You’d probably also hope that a trucking company gets an immediate alert when one of its drivers is arrested for drug abuse or drugged driving.

Unfortunately, because of loose regulations and communications breakdowns between law enforcement agencies and trucking companies, it’s surprisingly easy for a truck driver to hide a drug-related arrest from their employer. Read on to learn about why this can happen and what you can do if you’ve been affected.

Kentucky Trucker Gets License Renewed After Drug Arrest in Ohio

In one 2017 case profiled by the news station WCPO in Cincinnati, police officers found a trucker passed out in his truck and arrested him after he admitted to using heroin. However, the driver’s employer never learned of the arrest, and 10 days later, the State of Kentucky renewed his commercial driver’s license (CDL).

Two weeks after that, the driver jackknifed his truck on a freeway in Ohio after he passed out from a heroin overdose.

“I could’ve died from an overdose, and I’ve never done drugs in my life,” said one witness whose car was nearly crushed by the truck as it slid to a stop.

Lack of Communication Leads to Dangerous Drivers on the Roads

The problem stems from poor communication. Unfortunately, there’s no requirement for states to tell each other or notify trucking companies when a driver gets arrested for intoxication or drug use. State agencies do try to notify each other about incidents, but sometimes cases fall through the cracks. And either way, employers rarely get notifications about driver behavior from state agencies.

Instead, drivers are expected to tell their employers about any arrests or other violations that could jeopardize their CDL status. As you can imagine, however, self-reporting isn’t a reliable method for catching drivers who abuse drugs.

”We all know that [driver self-reporting] doesn’t happen in most instances,” Kentucky State Police Sgt. Jason Morris told WCPO after the crash in Ohio. Morris also said he’s seen too many cases where truckers who cause crashes turn out to have previous drug arrests that their employer should have known about but didn’t.

“If the states do not communicate with each other, then you have that instance where the driver may never have anything come back on his driver’s license with a moving violation, much less operating under the influence,” he said.

In 2017, the Governors Highway Safety Association analyzed the most recent available traffic crash data and found that drugs were present in 43 percent of drivers who suffered fatal injuries in crashes and who received testing that could identify potential drug abuse.

Although similar data that focuses exclusively on trucking accidents isn’t available, the Federal Motor Carrier Safety Administration (FMCSA) listed drug abuse, including abuse of prescription and over-the-counter drugs, as one of the top 10 causes of trucking accidents in its landmark 2007 Large Truck Crash Causation Study.

Drug Testing Requirements Often Fail to Weed Out Problem Drivers

Right now, federal law mandates that trucking companies drug test drivers in the following circumstances:

After a driver receives their CDL and before they operate a truck on the road

After any crash that results in an injury or fatality

Whenever the company suspects drug or alcohol use

When a driver returns to work after an extended break

How Safety Regulations Will Affect Your Truck Accident Case

While random drug testing might sound like an effective means of keeping drivers honest and sorting out truckers who abuse drugs, it’s just a roll of the dice. Trucking companies are only required to drug test 25 percent of their drivers each year, and individual drivers can go for years without having to take a drug test.

What if Drug Use Played a Role in the Truck Wreck that Injured Me?

If you or someone you love suffered injuries in a truck crash and you suspect the truck driver was on drugs or otherwise intoxicated, you should contact a lawyer right away. An experienced truck accident lawyer should be able to use their resources and expertise to investigate the crash and get to the bottom of what caused it, but some of the most important evidence might only be available immediately after the wreck, so it’s important to get in touch with an attorney as soon as you can.

The Clock Is Ticking for Your Trucking Accident Case

If it turns out that drug abuse or other negligent behavior played a role in the crash, you may be able to file claims against the trucking company. These claims could provide compensation for medical bills, lost wages, and other losses you’ve suffered because of the wreck. However, statutes of limitations apply to truck accident cases, so you need to move quickly.

Contact Truck Seattle Truck Law Today If You’ve Been Hurt in a Trucking Accident

If you or a loved one suffered injuries in a crash involving a large truck or bus, please contact Morgan Adams and the Seattle Truck Law team today. We’ll listen to your story and advise you about your legal options during a free consultation, and when you choose us to represent you, we’ll investigate all the causes of the crash that injured you and pursue every available option to get you the compensation you deserve.

To schedule your free initial consultation today, call us at 

fill out our quick and easy online contact form

. The sooner you reach out, the sooner we can move to preserve evidence and make sure your rights are protected – so call us now.

Hedlund, J. (2017). Drug-impaired driving: A guide for what states can do. Washington, D.C.: Governors Highway Safety Association. Retrieved from 

https://www.ghsa.org/sites/default/files/2017-07/GHSA_DruggedDriving2017_FINAL_revised.pdf

Lake, H., & Rosemeyer, J. (2017, October 26). Trucking companies don’t always know if a driver is arrested for drugs, and they keep driving. 

https://www.wcpo.com/longform/trucking-companies-dont-always-know-if-a-driver-is-arrested-for-drugs-and-they-keep-driving

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

3 Ways for Truck Drivers to Report Unsafe Trucking Companies

Even though agencies like the Federal Motor Carrier Safety Administration (FMCSA) are supposed to police the trucking industry and keep trucking companies honest, the reality is that these agencies don’t have the resources or personnel to monitor every company and catch every safety violation.

That’s why it’s so important for truck drivers to report regulatory violations and unsafe behavior they encounter on the job. Responsible and ethical truckers are the first line of defense in preventing negligent trucking companies from causing devastating truck wrecks that can injure ordinary drivers and even 

To help honest truckers keep our roads safe, we’ve put together this article to explain three options truck drivers can use to report unsafe trucking companies to the FMCSA and other federal agencies. Read on to learn more.

If you’ve seen or experienced safety, service, or discrimination issues with a truck or bus company, including your employer sending unsafe vehicles or drivers onto the road, you can call the toll-free reporting hotline maintained by the U.S. Department of Transportation (DOT). You can reach this line at 

 from 8:00 a.m. to 8:00 p.m. EST, Monday through Friday.

Calling this number will trigger an investigation into the trucking company and the incident in question. If you can provide written documentation or pictures of the violations or safety issues, including the dates and times of specific incidents, that will help the DOT’s investigation move faster.

Note that the DOT’s phone hotline only serves to launch an investigation into past events. If there is a safety emergency or an imminent hazard that could cause a crash or injury, you should call 911 right away.

If you’d rather not talk with someone on the phone, you can also 

use the FMCSA’s National Consumer Complaint Database (NCCDB) website to file a complaint online

Option #2: File a Coercion Complaint With the FMCSA

Many truck drivers who break hours-of-service regulations and other safety rules do so only because of pressure from their employers. These truckers generally work at “bad actor” trucking companies where unsafe practices and regulatory violations are just part of the culture.

RELATED: Why You Can’t Trust the Insurance Company After a Truck Accident

To address this problem, the FMCSA adopted a special rule in 2016 called the Coercion Rule. This rule says truck and bus companies, shippers, receivers, and other transportation companies can’t coerce drivers to violate certain regulations, including hours-of-service limits, commercial driver’s license (CDL) regulations, and drug and alcohol testing rules. The rule also allows drivers to report incidents of coercion with the FMCSA’s protection.

If you’re a truck driver and you’ve experienced coercion from your employer, you can file a coercion complaint with the FMCSA in writing and 

mail it to the FMCSA’s division office located in the state where you work

The FMCSA asks that when you file your complaint, you include as much supporting information as you can, including text or email messages showing coercion attempts by your employer as well as your responses and the names of anyone who witnessed the coercion attempt. Note that you must file a complaint within 90 days of a coercion incident.

If you’d rather file a complaint online, you can also 

. There’s a special section for truck drivers to file a complaint, which includes an option to report coercion.

Option #3: File a Whistleblower Complaint With OSHA

One reason why many truck drivers don’t report safety violations and negligent practices is because they fear their employer will fire them or otherwise punish them. However, a federal law called the Occupational Safety and Health (OSH) Act contains a “whistleblower provision.” This law means your employer can’t retaliate against you for speaking up about or reporting safety violations. The OSH Act also charges the Occupational Safety and Health Administration (OSHA) with enforcing this whistleblower provision.

Under the OSH Act, if your employer fired you or otherwise punished you for bringing up a safety concern, refusing to violate safety regulations, or reporting a violation, you can 

file a whistleblower complaint with the Occupational Health and Safety Administration (OSHA)

. After you file your complaint, OSHA will conduct a follow-up interview with you to gather more information and determine whether they need to launch an investigation. If they do, and if the investigation concludes that your employer wrongfully retaliated against you, OSHA will recommend remedies and have the case heard by a judge who can enforce these remedies.

If the state where you work has a state OSHA plan, you can file your complaint with both the state and federal OSHA offices. Otherwise, you’ll file your complaint with federal OSHA directly (

click here to check whether you state has its own OSHA plan

). You can file your whistleblower complaint with OSHA by 

. Keep in mind that you need to file a whistleblower complaint within 30 days of your employer retaliating against you.

visit OSHA’s whistleblower protection website

 to learn about your rights as a worker and the laws that exist to protect those rights.

Seattle Truck Law: Holding Negligent Truck Companies Accountable

Even the most careful and responsible truck drivers can suffer life-changing injuries when other truckers or trucking companies engage in negligent behavior. Injured truckers deserve respect, support, and fierce advocacy. The Seattle Truck Law team dedicates itself to providing the legal and emotional aid that injured drivers need.

If you’re a commercial truck driver and you’ve been injured in a trucking accident, Attorney Morgan Adams has years of experience fighting for hurt truckers and is ready to discuss your case and legal options right away at no risk to you. Call our offices today at 

. We’ll get in touch to schedule your free consultation.

Seattle Truck Law is a personal injury law firm with a primary focus on large truck and bus crash cases. We serve clients throughout Washington state.

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