Truck Driver Drug and Alcohol Use in Texas

Were you injured in a crash involving a truck driver who was impaired by drugs or alcohol? A driver or trucking company that violates federal drug and alcohol rules can face serious civil liability for the harm they cause. A Texas truck accident lawyer at Trujillo Gonzalez, P.C. can help you hold them accountable. Contact our Dallas office at (972) 550-6818 for a free consultation.

Why Select Trujillo Gonzalez, P.C. for a Truck Driver Impairment Case?

Federal law gives commercial drivers little room for error when it comes to drugs and alcohol, and a violation of those rules is often powerful evidence in a truck accident claim. An experienced Dallas truck accident lawyer knows how to find that evidence and use it.

Here’s why Trujillo Gonzalez, P.C. stands out for truck accident representation:

• More than 300 trials and arbitrations taken to verdict, a number that tells insurers we don’t fold at the first offer
• A firm history that includes $275+ million and some of the largest injury recoveries seen in Texas courts
• Attorneys recognized by Texas Lawyer Magazine and named to the Million Dollar and Multi-Million Dollar Advocates Forum
• Familiarity with FMCSA testing regulations and DUI law
• Zero cost unless we win. Consultations are free, and so is everything else until we recover for you

Call today to schedule a free consultation with a Texas personal injury attorney who understands federal trucking regulations.

Federal Drug and Alcohol Standards for Commercial Drivers

Commercial drivers are governed by a far stricter legal standard than ordinary motorists when it comes to substance use. Under Texas law, the legal blood alcohol concentration limit for a commercial driver operating a commercial motor vehicle is 0.04%, exactly half the 0.08% threshold that applies to most drivers.

Federal regulations under 49 CFR Part 382 go even further, prohibiting a CDL holder from driving within four hours of consuming alcohol at all. The regulations also prohibit the use of controlled substances without a valid prescription from a physician familiar with the demands of commercial driving.

To enforce these standards, the Federal Motor Carrier Safety Administration requires trucking companies to conduct routine drug and alcohol testing, including:

• Pre-employment testing before a driver is hired
• Random testing throughout the year
• Reasonable suspicion testing when a supervisor observes signs of impairment
• Post-accident testing following crashes that meet certain criteria
• Return-to-duty testing for drivers coming back from a prior violation

A company that fails to implement such testing may be liable for truck accidents caused by its intoxicated drivers.

The FMCSA Drug and Alcohol Clearinghouse

The FMCSA also maintains a Drug and Alcohol Clearinghouse, a national database that became operational in 2020. Before the Clearinghouse existed, a driver who failed a drug or alcohol test at one trucking company could often simply move to another employer without disclosing the violation.

The Clearinghouse eliminates that possibility. It permanently records verified positive drug tests, verified positive alcohol tests at or above a 0.04 BAC, test refusals, and other reportable violations. Trucking companies are now also required to query the Clearinghouse before hiring a new driver and at least annually for current drivers, and to report violations as they occur.

Clearinghouse records, along with a company’s internal testing history, are often central pieces of evidence in cases involving driver impairment.

Who Can Be Held Liable When a Texas Truck Driver Was Impaired?

Liability in these cases frequently encompasses parties beyond the driver. To be sure, the truck driver can be held directly liable for operating a commercial vehicle while impaired.

However, a violation of federal drug and alcohol testing regulations is a clear departure from the standard of care required of commercial drivers and their employers.

Therefore, the trucking company can also be held liable for negligent hiring if it failed to properly screen a driver’s testing history or for negligent supervision if it ignored warning signs of substance use. The trucking company can also face liability for failing to conduct required random, post-accident, or reasonable suspicion testing as federal law requires.

What Compensation Is Available After a Truck Driver Impairment Accident?

An accident caused by an impaired truck driver often leaves victims facing a recovery that extends far beyond what a typical car accident claim would cover, given the size and force involved in most commercial vehicle collisions.

Fortunately, Texas law allows injured victims to pursue compensation for economic and non-economic damages including:

• Medical costs, both what you’ve already spent and what your ongoing care is projected to require
• Wages lost during recovery
• Any long-term reduction in your ability to earn a living if your injuries limit the work you can do going forward
• Property damage to your vehicle
• Physical pain and the disruption a serious injury causes to your daily life
• Emotional distress
• Permanent disability, when an injury changes what you’re able to do for the rest of your life
• Wrongful death damages in the case of fatal accidents

Under Chapter 41 of the Texas Civil Practice and Remedies Code, victims may also be entitled to pursue exemplary damages on top of standard compensation. These damages are designed to punish the driver for conduct the law considers grossly negligent.

How Long Do I Have to File a Claim in Texas?

Texas law imposes a two-year deadline in most truck accident cases. You must file your lawsuit by the second anniversary of the crash or risk forfeiting your claim. You should speak with a lawyer right away to ensure you don’t end up on the wrong side of the deadline.

Contact a Texas Truck Accident Lawyer for a Free Consultation

If you were injured by an impaired truck driver, you deserve a legal team that knows how to investigate federal testing violations and deliver justice to the liable party. Trujillo Gonzalez, P.C. is ready to help. Contact us today for a free consultation with a Texas truck accident attorney.