One of the leading causes of tragic tractor trailer crashes is the influence of drugs – even perfectly legal prescription or over-the-counter medications — on drivers’ motor skills, balance, coordination, perception, attention, reaction time, and judgment. Even small quantities of some legal drugs can have a crucial impact on driving ability.

In 2009, the National Highway Transportation Safety Administration reported results of a study finding that 18% of fatally injured drivers tested positive for at least one illicit, prescription, or over-the-counter drug. Perhaps more significantly, drugs 7 times as likely as alcohol to be present in weekend nighttime drivers — 16% testing positive for drugs compared with only 2% above the legal limit for alcohol. In our practice, we have also seen the catastrophic impact of drivers who combined some alcohol with a mix of various legal and illegal mind-altering drugs.

When you combine the witch’s brew of drugs and alcohol with the huge kinetic force of an 80,000 pound tractor trailer, the danger is exponentially greater than when a similarly intoxicated person is driving a small passenger car.

On March 25, 2015, the Federal Motor Carrier Safety Administration (FMCSA) lowered the boom on a Georgia-based truck driver for drugged driving. Robert Lee Turner (above left) was declared “an imminent hazard to public safety” and banned from operating any commercial motor vehicle in interstate commerce.

Turner was operating an intermodal tractor trailer when he hit and seriously injured Corporal William Solomon, (above right) a Georgia Ports Authority police officer, who was doing routine traffic control duties at the Garden City Terminal. After he tested positive for cocaine, he was arrested and charged with DUI.

“Commercial drivers should have no doubt that we will vigorously enforce all federal safety regulations to the fullest extent possible by law,” said FMCSA Chief Counsel Scott Darling. “FMCSA is committed to raising the bar for commercial vehicle safety, and we will remain vigilant in removing unsafe truck and bus drivers from our roadways.”

49 C.F.R. § 392.5 absolutely prohibits use or possession of alcohol in operation of a commercial motor vehicle. “No driver shall . . . [u]se alcohol, . . . or be under the influence of alcohol, within 4 hours before going on duty or operating, or having physical control of, a commercial motor vehicle; or . . . [u]se alcohol, be under the influence of alcohol, or have any measured alcohol concentration or detected presence of alcohol, while on duty, or operating, or in physical control of a commercial motor vehicle.” Any driver is violation of this is placed in “out of service status” for 24 hours.

It further provides that “No motor carrier shall require or permit a driver to . . . [v]iolate any provision [of this section or] [b]e on duty or operate a commercial motor vehicle if, by the driver’s general appearance or conduct or by other substantiating evidence, the driver appears to have used alcohol within the preceding 4 hours.”

49 C.F.R. § 391.15 provides that a driver is disqualified by driving a commercial vehicle with blood alcohol 0.04% or more, or under influence of drugs, or refusing to take drug or alcohol test.

Use of narcotics, amphetamines, methadone, seizure medications to control seizures, and a variety of other drugs and medications can disqualify a truck driver under FMCSA rules.

While it is unusual for an interstate truck driver to be caught DUI, Turner does not appear terribly atypical of truck drivers hired by small trucking companies that are contracted to tow intermodal container chassis trailers from the ports of Savannah and Jacksonville. The larger companies that control the international ocean shipping of intermodal freight containers attempt to hide behind these small, minimally insured companies. When disasters occur in their operation on Georgia highways, most victims and most attorneys don’t know any better than to accept the relatively paltry amount of insurance dangled before them. A significant part of our practice involves navigating the little-known path through federal regulations to reach the more adequate insurance coverage of the intermodal companies.
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Ken Shigley is a former prosecutor who began his career prosecuting DUI and vehicular homicide cases. After decades of civil trial experience he became president of the State Bar of Georgia in 2011-12. A Certified Civil Trial Advocate of the National Board of Trial Advocacy and author of a book on Georgia tort law practice, his practice focuses on catastrophic injury and wrongful death caused by negligent operation of commercial trucks.

In 2009, the National Highway Transportation Safety Administration reported results of a study finding that 18% of fatally injured drivers tested positive for at least one illicit, prescription, or over-the-counter drug. Perhaps more significantly, drugs 7 times as likely as alcohol to be present in weekend nighttime drivers — 16% testing positive for drugs compared with only 2% above the legal limit for alcohol. In our practice, we have also seen the catastrophic impact of drivers who combined some alcohol with a mix of various legal and illegal mind-altering drugs.
When you combine the witch’s brew of drugs and alcohol with the huge kinetic force of an 80,000 pound tractor trailer, the danger is exponentially greater than when a similarly intoxicated person is driving a small passenger car.

On March 25, 2015, the Federal Motor Carrier Safety Administration (FMCSA) lowered the boom on a Georgia-based truck driver for drugged driving. Robert Lee Turner was declared “an imminent hazard to public safety” and banned from operating any commercial motor vehicle in interstate commerce.

Turner was operating an intermodal tractor trailer when he hit and seriously injured Corporal William Solomon, a Georgia Ports Authority police officer, who was doing routine traffic control duties at the Garden City Terminal. After he tested positive for cocaine, he was arrested and charged with DUI.

“Commercial drivers should have no doubt that we will vigorously enforce all federal safety regulations to the fullest extent possible by law,” said FMCSA Chief Counsel Scott Darling. “FMCSA is committed to raising the bar for commercial vehicle safety, and we will remain vigilant in removing unsafe truck and bus drivers from our roadways.”

Turner was not terribly atypical of truck drivers hired by small trucking companies that are contracted to tow intermodal container chassis trailers from the ports of Savannah and Jacksonville. The larger companies that control the international ocean shipping of intermodal freight containers attempt to hide behind these small, minimally insured companies. When disasters occur in their operation on Georgia highways, most victims and most attorneys don’t know any better than to accept the relatively paltry amount of insurance dangled before them. A significant part of our practice involves navigating the little-known path through federal regulations to reach the more adequate insurance coverage of the intermodal companies.

——————–
Ken Shigley is a former prosecutor who began his career prosecuting DUI and vehicular homicide cases. After decades of civil trial experience he became president of the State Bar of Georgia in 2011-12. A Certified Civil Trial Advocate of the National Board of Trial Advocacy and author of a book on Georgia tort law practice, his practice focuses on catastrophic injury and wrongful death caused by negligent operation of commercial trucks.

Currently, some big rig commercial truckers keep driving tractor trailers Drug and alcohol testing requirements do exist, but some truckers keep driving big rigs even after they test positive. Not all job applicants report their drug test history when seeking a job, not all carriers do full background checks, and some self-employed drivers just ignore the rules. In recent studies, about 68,000 commercial drivers tested positive for drug use, out of a total of 3.4 million.

In my Georgia trucking accident trial practice, I have sued trucking companies that show a nearly total disregard for rules requiring drug tests and truck driver background checks. In one recent case, a trucking company had been cited for dozens of violations of drug test and background checking rules within three years before a crash involving a newly hired driver. The new driver, as you might suspect, had not been subjected to a drug test and his background had not been checked before he crashed into a lady in rush hour traffic.

Unfortunately, such scofflaw conduct is all too common among some trucking companies. The Safe Roads Act, if passed, would help, though I have no delusion that it would stop the cheating.

The process of investigation and discovery to uncover such a record of violations requires an attorney experienced in trucking litigation and who knows how to dig out hidden information, and then get it into evidence at trial.

Ken Shigley is an Atlanta, Georgia, trial attorney. He has been designated a “Super Lawyer” (Atlanta Magazine), one of the “Legal Elite” (Georgia Trend), and rated “AV Preeminent” by Martindale-Hubbell Legal Directory. In addition, he is author of Georgia Law of Torts: Trial Preparation & Practice (West, 2010), a Certified Civil Trial Attorney of the National Board of Trial Advocacy, and currently president-elect of the 42,000 member State Bar of Georgia. He has extensive experience in litigation and trial of cases involving serious personal injury, wrongful death, trucking accidents, automobile accidents, products liability, premises liability, and insurance. Mr. Shigley is a graduate of Furman University and Emory University Law School. This blog post is subject to our ethical disclaimer.

A Swift Transportation truck driver was backing up from a rest stop onto the highway when she hit a Yellow Freight truck. The driver of the Swift Transportation truck tested positive for methamphetamine but claimed she was rear-ended. Accident reconstruction proved that story to be false.

The driver of the Yellow Freight truck was killed and the passenger / co-driver had a severe spinal cord injury. This verdict was for the spinal cord injury victim. The wrongful death case is set for trail next spring.

This was not the biggest verdict against Swift Transportation. Last year an Arizona jury awarded $36.5 million to the family of a man killed in a collision with Swift trucks.

At this firm we frequently represent truck drivers who are injured by the negligence of other truckers.

Ken Shigley is an experienced Georgia trucking trial lawyer who has served as chair of the Southeastern Motor Carrier Litigation Institute. He is on the Advisory Board for the Association of Interstate Trucking Lawyers of America, and frequently speaks at national continuing legal education seminars for the Interstate Trucking Litigation Group of the American Association for Justice. He has recently spoken on trucking litigation topics at continuing legal education programs both at home in Georgia and in Nashville, New Orleans, St. Louis and Chicago, and is scheduled to do so in San Diego in 2009. A Certified Civil Trial Advocate of the National Board of Trial Advocacy, he was a faculty member for ten years at the Emory University Law School Trial Techniques Program. Currently he serves as Secretary of the 40,000 member State Bar of Georgia.

The Senate Appropriations Committee’s Transportation, Housing and Urban Development report on the FMCSA blasted the agency for its failure to put the top priority on safety, expressing “immense frustration.” See reports by Barb Kampbell on TheTrucker.com and by Justin Carretta of Fleetowner.com.

A few key points are:

* “FMCSA has shown a pattern of undermining its safety mission by proposing weak regulations and failing to provide adequate oversight and enforcement of existing regulations.”

* Regarding the Hours of Service rule, “the rules that FMCSA has proposed fail to achieve maximum safety benefits, and in some instances may undermine safety … clear and consistent regulations are critical to the industry, so that they can manage operations in a compliant way; FMCSA has not provided that consistency.”

* In the area of drug testing, investigators from the Government Accountability Office found that 22 of 24 drug testing centers failed to follow sample collection protocols. In some instances, drivers fail drug tests at one location and are simply transferred to another area to continue driving.

* A 2001 National Transportation Safety Board recommendation to FMCSA that it take action to prevent medically unqualified drivers from operating commercial vehicles has not been satisfied.

Ken Shigley in Atlanta is a truck accident trial lawyer. A former chair of the Southeastern Motor Carrier Litigation Institute, this year he has been a seminar speaker for the Interstate Trucking Litigation Group of the American Association for Justice and the Association of Interstate Trucking Lawyers of America. Secretary of the State Bar of Georgia, he is a Certified Civil Trial Advocate of the National Board of Trial Advocacy and a Master of the Lamar Inn of Court at Emory Law School. He handles tractor trailer, dump truck, cement truck, straight truck, log truck and tour bus accident cases in all areas of Georgia, from Trenton to Darien, and from Dawsonville to Demorest.

The GAO report describes a defective oversight system that lets truckers fail a drug test but easily move on to driving for another company. Fewer than half of the roughly 85,000 truck drivers who test positive in random drug tests each year are believed to complete the required treatment and follow-up testing to return to their jobs, according to a news report by Gregg Jones of the Dallas Morning News.

The report noted that some trucking companies don’t bother to conduct the required pre-employment and random drug tests and have limited incentives to do so. Since only about 2 percent of all trucking companies undergo checks each year by state agencies and the Federal Motor Carrier Safety Administration, there is little incentive to comply.

Truckers who choose to do so can beat the testing system by using false IDs and chemicals to alter their urine for drug tests. If caught, they can move on to other trucking companies, which the GAO described as “job-hopping.”

When those tactics wear out, they can “state-hop.” The states agencies generally don’t communicate well with each other. Therefore, one of the report’s recommendations is creation of a national database of truckers who fail drug tests.

Drug use could be significantly higher among truck drivers than what the random test data indicates because not all companies actually test, urinalysis can be unreliable, and results can be altered. For example, at 10 of 24 sites investigators who posed as truckers appearing for drug tests were not required to empty their pant pockets, although that is a requirement designed to prevent a driver from substituting clean urine samples or using drug-concealing agents.

Ken Shigley in Atlanta served as chair of the Southeastern Motor Carrier Litigation Institute, is a seminar speaker for the Interstate Trucking Litigation Group of the American Association for Justice, and is on the National Advisory Board and serves as a seminar speaker for the Association of Interstate Trucking Lawyers of America. A Certified Civil Trial Advocate of the National Board of Trial Advocacy, he is also a Master of the Lamar Inn of Court at Emory Law School, and Secretary of the State Bar of Georgia. He handles tractor trailer accident cases in all regions of Georgia, from Rome to Hinesville, and from Toccoa to Tifton.

Recently the Federal Motor Carrier Safety Administration issued a warning on the anti-smoking drug Chantix, advising medical examiners “to not qualify anyone currently using this medication for commercial motor vehicle licenses.” Manufactured by Pfizer, Inc., Chantix, ahs seizures, dizziness, heart irregularity, diabetes and more than 100 accidents. The U.S. Department of Transportation warned all of its agencies almost immediately after seeing the report which reported that Chantix was linked to 988 serious events in the last quarter of 2007. This was reported in many places in the media, including this article by Alicia Mundy and Avery Johnson of the Wall Street Journal.

Ken Shigley has served as chair of the Southeastern Motor Carrier Litigation Institute, co-sponsored by the Georgia, Alabama, Tennessee and North Carolina Trial Lawyers Associations. He is on the National Advisory Board for the Association of Interstate Trucking Lawyers of America, and is actively involved in the Interstate Trucking Litigation Group of the American Association for Justice. A Certified Civil Trial Advocate of the National Board of Trial Advocacy, he is also a Master of the Lamar Inn of Court at Emory Law School, a faculty member for ten years at the Emory University Law School Trial Techniques Program, and was recently elected Secretary of the 39,000 member State Bar of Georgia.