Florida Injury Attorney Blog

The Federal Motor Carrier Safety Administration (FMCSA), which regulates semi truck drivers and bus drivers, has issued a regulation making it illegal for semi truck and bus drivers to text while driving a commercial motor vehicle. The FMCSA noted that texting takes a driver's eyes off of the road for an average of 4.6 seconds. At 65 miles per hour, a tractor trailer or other vehicle would travel approximately 146 yards in those 4.6 seconds the driver is looking at his/her cell phone or other mobile communication device. That is almost a football field and a half.

Because driving while texting is so dangerous and contributes to very serious accidents, particularly when a semi truck is involved, the FMCSA has made it illegal to drive while texting. But what exactly is included in the word "texting"? For semi truck drivers, texting includes not just sending text messages but also preparing text messages and reviewing text messages. Basically if a law enforcement officer sees a driver doing anything with a cell phone or similar device other than talking into it, that semi truck or bus driver can expect to get a ticket for texting while driving.

The Department of Transportation (DOT), which regulates the trucking industry in an effort to prevent serious accidents involving semi trucks, issues a variety of safety regulations. Some of the regulations deal with drug and alcohol testing as one obvious goal of the DOT is to make sure truck drivers are sober and people with drug and/or alcohol problems are not employed as semi truck drivers.

The current regulations require trucking companies to test prospective tractor trailer drivers for drugs and alcohol before they are put out on the roads. The regulations also require semi truck drivers who have been in serious accidents where they have been cited to go to a drug and alcohol testing facility as soon as possible after the accident to be tested. While these regulations are a good idea, unfortunately, they are not very strictly enforced by anyone.

In an effort to make the safety regulations more effective in preventing serious accidents and weeding out bad semi truck drivers, the DOT has proposed new, tougher regulations. They include expanding drug testing to look for ecstasy or MDMA; expand initial drug testing to look for heroin and lower the cutoff levels for the cocaine and methamphetamine tests.

A woman crashed into a tow truck that was clearing vehicles from a prior accident on the Mathews Bridge in Jacksonville, Florida and was seriously injured according to an article on News4Jax.com. It is not exactly clear how the accident occurred, but presumably, the tow truck was stopped in one of the lanes on the bridge and the woman's car crashed into it while it was involved in clearing the previous accident.

Normally, an accident where a moving vehicle strikes a stopped vehicle, often from behind, is the fault of the driver of the moving vehicle. However, that is not always the case. When tractor trailers and other trucks are stopped on the road, they are supposed to alert other drivers that they are stopped well in advance of their location. This is particularly true at night or on roadways that have curves or inclines because drivers do not normally expect vehicles to be stopped on the roads and need time to react, especially on higher speed limit roads. If there are any visibility problems in the area, a perfectly alert driver may crash into a stopped vehicle because he/she did not have enough time to see the stopped vehicle and react. This occurs fairly often on the highway or other rural roads with high speed limits and average or poor lighting when semi trucks stall on, or partially on, the road and the driver fails to set up flares or reflectors alerting other drivers of their location. Semi trucks and trailers are very difficult to see at night and can be very dangerous if stopped on the roadway without proper markings.

When personal injury and wrongful death attorneys represent clients in cases involving a vehicle running into a stopped truck or other vehicle, it is important to look at exactly where and how the vehicle was stopped, under what conditions the crash occurred and what the driver of the stopped vehicle did or did not do to alert other drivers.

Traffic laws making it a violation to use a text messaging or similar mobile communication device while driving are becoming more populart across the country and closer to a reality in Florida according to recent articles. It is illegal to drive while using a text messaging device in some capacity in at least 19 states and more and more are considering the law. Driving while texting is not yet illegal in Florida, but many expect such a law to pass in Florida in the near future.

Even more dangerous than people driving cars and sending or receioving text messages is people driving semi trucks while sending and receiving text messages. The Department of Transportation has recently announced a new regulation that prohibits commercial truck drivers and bus drivers from driving while using a text messaging device or a handheld cell phone. This is an important regulation that will hopefully prevent people driving the most dangerous vehicles on the road from being distracted by mobile communication devices.

One of the main safety issues regarding semi truck drivers is the number of hours they drive and work without taking a break. There have been many studies and articles dealing with the serious danger and increased risk of serious traffic accidents caused by fatigued tractor trailer drivers who have driven way too many hours. The Federal Motor Carrier Safety Administration (FMCSA) is the agency charged with regulating the trucking industry to make it safer and try to prevent big truck accidents. There are regulations in place which limit the number of hours a semi truck driver can drive and/or work before he/she is required to take a break from driving. The problem with these regulations is that they are difficult to enforce. They are basically self-regulating. Semi truck drivers are supposed to fill out log sheets which show the number of hours spent each day driving, otherwise working and off-duty. Department of Transportation and trucking company officials are supposed to be able to review those logs and see if a semi truck driver has been driving over hours and is at risk of driving while fatigued. However, if the semi truck driver falsifies his/her hours or just fails to complete the log sheet, there is little recourse. Additionally, it is then very difficult, if not impossible, to tell whether a truck driver is driving over hours.

However, there are electronic devices that can be installed onto the tractor trailer that can monitor and record driving hours automatically without relying on a semi truck driver's input. These electronic on board recorders (EOBR) can monitor the exact number of hours and miles a semi truck and driver are driving, along with many other data. There is a rule being proposed by the FMCSA which would encourage voluntary installation of the EOBR's for every semi truck driver and make them mandatory for two years for all semi truck drivers who have a history of inaccurate or improper hours of service records.

Because serious traffic accidents caused by semi truck drivers who have driven too long in violation of federal regulations and are fatigued is a serious problem, any rule which establishes an independent method of recording the number of hours semi truck drivers are on the roads and help enforces the hours of service regulations is a good idea.

Two semi trucks were involved in a serious accident on I-95 in Flagler County, Florida (which is about an hour south of Jacksonville, Florida), according to an article on Firstcoastnews.com. We write often about the duties and obligations of tractor trailer drivers that go above and beyond those of regular cars and trucks and the safety issues that arise when semit truck drivers do not follows the safety regulations. In this traffic crash, one semi truck driver had pulled over on the side of I-95 due to a malfunction with the vehicle early Tuesday morning while it was still dark, according to the article. However, when that semi truck driver pulled back onto I-95, he did so in front of another semi truck being driven by Julio Rentas, who was killed in the crash.

Semi truck drivers are not only charged with driving safely while on the roads but making sure they are safe when they have to make stops. A semi truck pulling back into the road in the early morning hours can pose as much of a danger to other vehicles as any other time while driving at highway speeds. Some questions to look at in this situation are whether the semi truck that pulled into the road was properly marked so other drivers could see it in the darkness. Tractor trailers, especially the trailers, can be very difficult for other drivers to see if not marked properly. Additionally, because semi trucks take longer to build speed, they must have more space before they can pull out from a stopped position on the side of the road. How much space did this semi truck driver have before pulling out in front of Mr. Rentas? The article suggests that the answer may be: not enough. Additionally, what was the malfunction that caused the semi truck driver to stop in the first place? If it was something that could and should have been resolved during the pre-trip check of the vehicle, this accident may have been completely avoidable.

There are specific rules and regulations in place designed to prevent serious injury and fatal accidents involving semi truck drivers with drug and/or alcohol problems. Before a trucking company hires a truck driver and sends him/her out on the road, that company must make sure the truck driver has been drug tested. The trucking company is also obligated to investigate whether the truck driver has a drug or alcohol problem or has ever tested positive for a prior drug or alcohol test.

Unfortunately, many trucking companies do not comply with this safety requirement and hire suspect tractor trailer drivers without performing the proper background checks. As a result, unsafe semi truck drivers and semi truck drivers with a propensity to use drugs and/or alcohol are out on the roads driving 70,000 pound tractor trailers and at risk of causing serious traffic accidents.

The Federal Motor Carrier Safety Administration (FMCSA) which administers safety regulations that govern the trucking industry and try to prevent serious traffic crashes involving semi trucks has stepped up enforcement against truck drivers with histories of drug and/or alcohol use and the trucking companies who are hiring them. In a recent ten day period, the FMCSA found that more than 80 trucking companies were involved in some sort of violation involving safety records relating to drug and alcohol use. Almost 80 commercial drivers were taken out of service for some period of time related to drug and/or alcohol safety violations.

It is scary to think that there are so many semi truck drivers on the roads with histories of drug and/or alcohol problems. It is also scary to think that in addition to the many other safety violations that are common among semi truck drivers and trucking companies, safety violations relating to drug and/or alcohol use are so prevalent with trucking companies failing to even check into the background of the truck drivers they hire.

Semi truck drivers are often paid by the mile and have strong incentives to get their shipment to its destination as quickly and efficiently as possible. However, this can result in serious dangers to other drivers on the road when a semi truck driver takes a route that is not suitable for the semi truck. For instance, some roads are too narrow and restricted to semi truck drivers. Other roads have overpasses that are too low creating a serious risk if a tractor trailer driver ignores a road sign telling them the route is restricted and drives on that road anyway.

With the increasing popularity of GPS devices, more semi truck drivers are taking the shortest routes and ignoring road signs which show certain roads are restricted to the big trucks. As a result, there has been an increase in accidents involving semi trucks, particularly those crashes caused by tractor trailers crashing into a lower overpass. Obviously, if a semi truck is driving at a normal speed and crashes into an overpass, the risk of injuries to other drivers on the road is significant. That risk is compounded for semi truck drivers that are carrying hazardous materials or other dangerous cargo.

If a semi truck driver crashes into an overpass, it seems almost irrefutable that any injuries that result are caused by the negligence of that semi truck driver in a personal injury or wrongful death lawsuit. If it turns out that the semi truck driver was using a GPS device that directed him to a quicker, but unsafe, route and he/she ignored any road signs telling him/her to avoid that road, an argument could be made that the semi truck driver was being reckless and punitive damages should be awarded to the injured parties.

When a trucking company evaluates an applicant for the position of tractor trailer driver, there are many things that company is supposed to do to verify that the truck driver is qualified to safely operate a large tractor trailer. One of the things the trucking company is supposed to do is check that applicants driving and accident history. Obviously, if the applicant has a significant history of traffic tickets or accidents, he/she should not be hired to drive a semi truck.

Unfortunately, many trucking companies fail to do the proper background check and hire truck drivers with poor driving and traffic crash histories. It is only after a serious accident when we, as personal injury and wrongful death lawyers, investigate the trucking company's records and question the truck driver and trucking company employees, when we find out that the trucking company did not perform the proper background check and hired a truck driver that was a dangerous risk to other drivers on the roads.

Other times, the trucking company makes some effort to determine a potential truck driver's driving record and traffic accident history but is unable to get complete and accurate information. However, the Federal Motor Carrier Safety Administration will soon be offering electronic access to a truck driver's crash records and inspection reports. This will allow diligent trucking companies to more easily find out what kind of, and how many, traffic accidents a particular truck driver applicant has had. It will also allow the trucking company to view inspection reports to see if a truck driver has had a large number of safety violations.

Hopefully, with the new system, responsible trucking companies will have better access to the safety information they are looking for and less responsible trucking companies who do not make an effort to obtain that information and hire unsafe truck drivers will be more easily held accountable for serious injury accidents that are caused by truck drivers who should have never been hired.

The Federal Motor Carrier Safety Administration (FMCSA) is the government agency charged with reducing the number of traffic accidents that involve semi trucks and result in serious injuries or deaths. There are many regulations designed to serve that purpose and make sure semi truck drivers are properly trained and experienced and safe to operate large vehicles. The agency is supposed to monitor trucking companies and truck drivers to make sure the drivers are not driving over the permitted number of hours. Truck drivers who violate these hours of service rules pose serious safety risks to other drivers because they become fatigued. Studies have shown that fatigued truck drivers can be as likely to cause a serious accident as a driver impaired by alcohol.

The FMCSA is starting a new initiative that will help identify trucking companies and truck drivers that are not complying with the safety regulations and are at greater risk of causing serious accidents. The FMCSA is supposed to audit trucking companies, but rarely do because their resources are limited. Driving over hours and while fatigued is a serious problem among truck drivers. There are rules regarding how many hours a person can drive without taking a break. However, this is largely self-regulated by time logs that the truck drivers fill out themselves. If those logs are not properly audited and compared with other records, a truck driver can falsify his/her hours and drive while fatigued without any recourse. Many truck drivers get paid by the mile and are strongly encouraged to be at their destination on time. These facts provide an incentive for truck drivers to drive as much as possible and ignore hours of service rules and signs of fatigue. The trucking industry could use a more active agency that enforces the regulations to try and avoid serious injury and fatal accidents.

Drivers who are distracted because they are talking on their cell phones, sending or receiving text messages or using other cell phone applications have received a lot of publicity. Distracted driving has been found to be the cause of a lot of serious accidents resulting in injuries and death.

In Jacksonville, Florida, it is becoming increasingly common to look over at a driver and see him/her concentrating on a cell phone rather than the road and other vehicles. But many people may not be aware that semi truck drivers may be distracted by something else. Many semi trucks have on-board computers right next to the driver's seat. These computers provide directions for the semi truck drivers and allow them to communicate with dispatchers and others. According to one truck driver interviewed for an article on NYTimes.com, semi truck drivers are told to pull over before using the computer, but they never do. I expect that is true. Most semi truck drivers get paid by the mile, and they often have to meet tight schedules. That kind of compensation structure does not encourage a truck driver to pull over every time he/she wants to use the computer to get directions or send or receive a message.

But the risk of using on-board computers is serious. According to one study, semi truck drivers who use the on-board computers have a 10% greater risk of crashing, nearly crashing or wandering from their lane as opposed to those truck drivers who do not have the computers in their vehicles. The study found that when a truck driver is using the on-board computer, he/she look away from the road for an average of 4 seconds. If that truck driver is driving on the highway, that truck can travel the space of a full football field before the driver's eyes get back to the road.

When you consider the significant potential for damage and injuries when a huge tractor trailer causes an accident on the highway, anything that distracts the driver and increases the risk of an accident must be examined for its legality.

Because of the potential danger of serious and fatal traffic crashes posed by semi trucks to other drivers, the government agency responsible for regulating trucking companies and semi truck drivers has set forth numerous regulations designed to keep tractor trailers and their drivers safe and prevent accidents. These regulations, the Federal Motor Carrier Safety Regulations (FMCSR's), cover topics like drug and alcohol testing, road tests, background checks, fatigue and hours of service, medical exams and many others. There is a big book covering these safety regulations with sample questions and examples.

As personal injury and wrongful death lawyers who represent Plaintiffs who have been injured in traffic accidents caused by semi trucks or have had family members killed in truck accidents, we have questioned semi truck drivers and trucking company personnel to gauge their knowledge of these regulations. Because the FMCSR's are specifically designed to make sure semi truck drivers are safe, we believe it is imperative for all tractor trailer drivers and trucking company personnel to know the FMCSR's inside and out. However, our experience with semi truck drivers has been far different. It is the rare case when a semi truck driver is very knowledgeable about the FMCSR's. In fact, it is not uncommon for semi truck drivers to know very little about the safety regulations. All too often, we question semi truck drivers who are not familiar with the specific regulations dealing with the particular reason they caused the crash, such as fatigue/hours of service, equipment problems or drug and alcohol testing.

The FMCSA has proposed a new regulation that would require new truck drivers to pass a safety exam that would test their knowledge of the FMCSR's. It is surprising to know that the current system does not check and make sure new semi truck drivers do not have even a basic understanding of the safety regulations for truckers. Driving a semi truck is more complicated than a regular vehicle, and there are many other issues tractor trailer drivers need to be aware of. It seems fundamental that before a person can drive a semi truck for a living, he/she should have to prove that he/she has a good understand of the safety regulations.

One reason a semi truck poses such a danger of serious injury and fatal traffic crashes to other drivers on the road is because of its tremendous size and weight. Semi trucks often weigh close to 80,000 pounds compared to the average car that weighs closer to 3,500 pounds. Obviously, when a semi truck is traveling at moderate to high speeds, it takes a long distance to come to a complete stop for another vehicle, for stopped traffic, for a stop light and for various emergencies. Therefore, it is vitally important for a semi truck to have functioning and properly maintained brakes.

Having handled personal injury and wrongful death cases due to traffic accidents involving tractor trailers, we hear and read about accidents caused by semi trucks that have had the brakes "go out". It happens more than we would like to think, and when it does, the results can be catastrophic. One method police officers and other enforcement officers in various states are using to detect bad brakes and try and prevent serious traffic crashes is to examine the brakes with an infra-red camera. When the semi truck driver applies the brakes, the brakes should heat up. The infra-red camera can detect this heat, and the brakes will appear white through the camera. If the brakes are applied and the brakes do not heat up, there may be a problem with the operation of the semi truck's brakes and the vehicle can be taken out of service.

This new infra-red camera appears to be a good, low maintenance technique to help identify hazardous semi trucks driving on the roads with bad brakes and prevent traffic accidents caused by tractor trailers that are unable to stop for other vehicles..

The National Highway Traffic Safety Administration announced tougher standards on braking systems for tractor trailers that will reduce the stopping distance for such large trucks by 30%. Large semi trucks have different braking systems than passenger cars and obviously take longer and more distance to stop safely due to their sizes and weights. Additionally, the size and placement of a load in a semi truck also affect how quickly a semi truck driver can stop the vehicle. When a semi truck driver is not skilled in driving his/her particular truck and does not apply the brakes correctly, serious accidents can result. Additionally, when brakes on a semi truck are not maintained properly, it can increase braking time causing serious accidents. Other factors can also affect a semi truck's braking time. Even if a semi truck has the best braking system available, if the semi truck driver is fatigued from driving over hours or is not paying attention to his/her surroundings, braking times can increase.

The NHTSA estimates that the new braking standards for tractor trailers will reduce accidents, save 227 lives a year and prevent 300 serious injuries per year.

We have seen many serious accidents caused by tractor trailer drivers who did not stop their trucks in time and ran into another vehicle or a whole line of vehicles stopped in traffic. These kinds of traffic accidents often result in multiple, serious injuries. The new braking standard should be helpful in reducing accidents, at least as the standard relates to the equipment on the semi truck. Unfortunately, implementation of the new standard will not begin until 2012, and it will take four years for it to be completely phased in.

A new study by the Government Accountability Office (GAO) has concluded that trucking companies and bus companies that have been fined or placed out of service due to safety violations have been able to circumvent their penalties by reopening operations under new names and license numbers, according to an article on News4jax.com. Trucking companies and bus companies, and their drivers, are governed by the Federal Motor Carrier Safety Administration (FMCSA) which issues numerous regulations designed to make sure drivers are qualified and safe in an attempt to reduce serious injury accidents. Department of Transportation (DOT) employees conduct roadside safety inspections of semi truck and bus drivers to make sure the drivers and their vehicles and equipment are safe and in proper condition to drive and their paperwork in terms of number of hours driving and equipment inspections are in order. When a DOT employee finds that semi truck or bus drivers, or their vehicles, are not safe or otherwise are not in compliance with the regulations, they can be fined and/or placed out of service.

Additionally, trucking companies and bus companies can be audited by the DOT to make sure, among other things, their drivers are qualified and safe, they are not working the drivers too much and making them drive while fatigued and they have conducted the appropriate drug and alcohol tests with the appropriate results. If a trucking company or bus company is not in compliance with the regulations, the company can be fined and/or placed out of service.

According to the GAO's report, hundreds of trucking companies and bus companies that were ordered to stop operating have continued to operate by changing their names. These companies were shut down because they had drivers with suspended licenses and drug and alcohol violations. Yet, they continue to operate semi trucks and buses in the same unsafe manner while avoiding punishment. The FMCSA is trying to catch these companies and punish them appropriately, but the article indicates they don't have the resources to be very successful.

In Jacksonville, Florida drivers are exposed to semi trucks and buses more than most places because two of the more well-traveled highways in the country intersect here. Stories like this questioning the safety of the buses and semi trucks all over our roads are certainly a cause for concern. When a bus or semi truck causes an accident, it is often a major accident due to their sizes and weights. When an injury or death occurs from an accident, it is important for personal injury and wrongful death lawyers to investigate every aspect of the driver and company to see if they have a history of accidents and safety violations.

A semi truck driver crashed his tractor trailer into a fruit market off of Highway 17 in East Palatka, Florida, according to an article on Firstcoastnews.com. Fortunately, the clerk working at the fruit stand was able to get out of the way of the semi truck and was not hurt. What is interesting about this accident is that the semi truck driver apparently claimed that he temporarily blacked out and veered off of the road.

When we handle personal injury and wrongful death cases on behalf of people injured in accidents or family members of people killed in accidents, we occasionally come across a driver who claims he/she blacked out or had some sudden medical condition that caused the crash. This defense is designed to take the responsibility for the accident away from that driver and lay the blame on uncontrollable and unanticipated circumstances. However, this defense rarely works. First, it usually just is not true, and the driver who causes the crash has the burden of proving that he/she was afflicted by some sudden medical condition that made the crash unavoidable. Usually, the driver cannot meet that burden.

Even when the driver who caused the crash can show that he/she blacked out or suffered from some medical condition or reaction to medicine just before the crash, that does not mean the accident was not his/her fault. If that person had reason to believe that he/she might black out or suffer some other dangerous reaction while driving, he/she is at fault for driving in the first place. This is usually easier to prove. By deposing the driver, a personal injury/wrongful death attorney for the injured party or family of the deceased can usually determine that the other driver had experienced the blackout or other medical condition before and knew he/she should not drive. Medical records can be obtained that show the person knew of his/her medical condition and the possible symptoms. Records can also show warnings from doctors or on medication informing a person they they should not drive.

When a person causes a serious injury or fatal accident and blames a sudden medical condition or reaction to medicine, there are a lot of inquiries that can be made to show the flaws in that defense.

A pickup truck driver was killed after he ran into the back of a semi truck trailer on Highway 301 outside of Lawtey in Bradford County, Florida (which is about an hour and 15 minutes southwest of Jacksonville, Florida). According to the article, the tractor trailer was stopped along the side of the road when the pickup driver drove off of the road and into the back of the trailer.

While this accident appears to be fairly straightforward and caused by a vehicle leaving the road for some reason, we do see very serious accidents that result from semi trucks stopping in or near the road and creating a dangerous hazard that is difficult for other drivers to see. The threat of injury or death that comes from a car or truck driving into the back or side of a tractor trailer is obvious. This can happen when a semi truck stops or breaks down in the road and fails to get completely off of the road or at least fails to display the proper signs and markings alerting other vehicles that they are stopped in the road. When a passenger vehicle is driving at night or around a curve and comes upon an unmarked, or poorly marked tractor trailer, that driver often does not have enough time to avoid the trailer. Serious injury or fatal accidents result. When a semi truck driver stopsin or near the road, that driver must flash the approprioate lights on the tractor and the trailer and possibly put orange cones or other markings along the road so other drivers have advanced notice that the tractor trailer is there. Failure to do so creates a serious hazrad for other drivers that can easily result in a very serious accident.

A tractor trailer carrying a load of granite crashed causing the granite to spill all over I-95 just south of Jacksonville, Florida near the St. Johns County and Flagler County, Florida border, according to an article on news4Jax.com. The article did not indicate that any other vehicles were involved in the crash or that anyone was injured.

It is not clear how this semi truck crash occurred, but the potential for serious injury that is always present in a semi truck crash increases when the truck is carrying a dangerous load in its trailer that spills out into the road in the path of other vehicles, particularly on a busy road like I-95. When a semi truck causes an accident that results in injuries and/or death, there are always issues regarding the driving and operation of the semi truck that caused the accident. However, when the contents of the trailer contribute to the accident and/or another person's injuries, we also need to look at additional issues such as how the load was secured, whether it was secured properly and whether the semi truck driver was driving safely enough given the character, size and content of his/her load. Obviously, when a semi truck driver is transporting a particularly hazardous or heavy load, he/she needs to adjust his/her driving accordingly.

Congress is proposing a new law that would tighten up the federal regulations designed to keep unsafe semi truck drivers with drug and/or alcohol abuse problems off of the roads. In our Shorstein & Lasnetski, LLC Florida Injury Attorney Blog, we often discuss the problems of serious semi truck accidents as well as the poor enforcement of rules designed to drug and alcohol test semi truck drivers and keep those drivers with positive drug and alcohol tests off of the road. Estimates show that between 1.3% and 2.8% tractor trailer drivers test positive for drugs under random testing. So, for every 100 semi trucks you see on the road (and there are plenty in the Jacksonville, Florida area with the intersection of I-95 and I-10), it is feasible that 1-3 of the drivers may be under the influence of illegal drugs at any given time.

Some of the problems we have seen with semi truck drivers and drug and alcohol tests after serious accidents include:

- semi truck drivers failing to take the required drug and alcohol tests after causing an accident,

- semi truck drivers, their trucking company employers and testing facilities failing to report positive post-accident drug and/or alcohol tests,

- trucking companies failing to do proper background checks on new semi truck driver applicants to learn if they have a positive drug and/or alcohol test in their past, and

- semi truck drivers cheating on drug and/or alcohol tests.

The new law would only address some of those problems. It would establish a national database and require medical personnel and trucking company employers to report all positive drug and alcohol tests so that they would be reflected in the database. The law would also require employers to check the database before hiring a new semi truck driver. Of course, this law would not do much to address semi truck drivers failing to take the required test or cheating on a test with another person's sample, but it would help establish a system where positive drug and alcohol tests can be documented and accessible to trucking companies who will then know more, and be obligated to know more, about the drivers they may hire.

For those of us who represent people who have been injured in an accident with a semi truck, or a family member of someone killed in a semi truck accident, it will give us extra ammunition to hold semi truck drivers and trucking companies accountable when they fail to follow the rules and hire unsafe drivers they knew or should have known were dangerous due to drug or alcohol use.

When a semi truck driver causes or contributes to a serious accident, he/she is normally required under the federal regulations to take a drug and alcohol test as soon as possible. Additionally, when a semi truck driver fails a drug or alcohol test, he/she is required to take and pass a subsequent drug or alcohol test before he/she can return to safety-sensitive duties like driving.

In our Shorstein & Lasnetski, LLC Florida Injury Attorney Blog, we have discussed at length the problems with semi truck drivers and trucking companies circumventing these drug and alcohol testing rules, particularly after an accident. It is not uncommon for semi truck drivers to cause a serious or even fatal accident and simply ignore the post-accident drug and alcohol testing requirements. It is also not uncommon for trucking companies to fail to enforce the drug and alcohol testing and refuse to require, or even notify, their drivers to take the tests. When we find out that the semi truck drivers have not taken the required drug and alcohol tests in the context of a personal injury or wrongful death lawsuit (which we often do), we take every effort to use that fact against the truck driver and trucking company. However, federal regulators have been lax with punishments for failing to take the required drug and alcohol tests.

We have also seen situations where a semi truck driver will show up for a drug and/or alcohol test after an accident several days later when the results are meaningless or with a sample from a clean person. There has been a lot of discussion in the industry regarding the poor supervision at drug testing sites making it fairly easy to cheat the test. As a result, the U.S. Department of Transportation (DOT) issued a rule making it mandatory for a drug testing facility employee to watch the semi truck driver give the urine sample. In the past, whether or not to have someone supervise the urine sample of a semi truck driver was up to his/her trucking company employer, who may have an obvious incentive to avoid a positive drug or alcohol test after one of their drivers causes a serious accident

Unfortunately, this only applies to those drug and alcohol tests that are required after a semi truck driver has failed a drug or alcohol test and is trying to get back on the road. The DOT determined that those folks are more likely to try and cheat. It does not apply to semi truck drivers who are required to take the drug and alcohol test after causing a serious injury accident or a crash involving a death, although such a semi truck driver would have at least an equal incentive to hide a positive post-accident drug or alcohol test result.

While this ruling certainly will not solve the problems of semi truck drivers driving under the influence of drugs or alcohol and causing serious accidents or avoiding the drug and alcohol tests after such an accident, it does help bolster the credibility of at least one type of drug or alcohol test.