DUI Tag Archives — Georgia Injury Law Blog

Published on: April 29, 2022

Truck Driver Drug Use Continues to be Major Factor in Accidents

Tractor trailer accidents are some of the worst motor vehicle accidents. Truck driver drug use is a significant factor in accidents, and new data shows that this continues to be so. The federal administration’s latest report on drug test violations confirms that the risk from truck drivers operating under the influence of drugs is very much real and present.

In fact, according to the data by the Federal Motor Carrier Safety Administration, there was a significant increase of 10% in drug violations in 2021, compared to the same period of time in 2020. The number of actual positive test results increased by approximately 3% to a total of approximately 55,200. The administration considered a refusal to take a test as a violation which could explain the 10% increase.

However, the data also finds that there has been a significant 10% increase in positive test results for cocaine and a 5.4 % increase in positive test results for marijuana. The number of truck drivers abusing cocaine while driving could actually be much higher than the official estimate because the Federal Motor Carrier Safety Administration currently does not include the results of hair tests for cocaine.

Published on: July 27, 2021

Past Driver Behavior is a Major Accident Indicator

by Robert N. Katz, Esq.

Drivers who have a history of rash or negligent driving practices are very likely to continue indulging in these practices in the future, increasing their risks of an accident.

According to researchers at the Virginia Tech Transportation Institute, past driver behavior is a very good indicator of future accident risk. In other words, drivers who have a history of poor driving, including speeding, drunk driving, driving under the influence of drugs and distracted driving are very likely to continue to engage in these practices. According to the researchers, this is the reason why we saw increased traffic accident fatalities in 2020 in spite of a reduction in traffic volumes. Even with lower volumes of traffic, Atlanta roads saw a higher number of traffic accident fatalities last year, with distracted driving, speeding and drunk driving pushing those numbers upward.

Past behavior is a reliable indicator of future driving. For example, a motorist who has a history of driving at high speeds will continue to be at risk of speeding. If anything, the behavior of such drivers is only exacerbated when the roads are less congested. In 2020, the streets saw lower traffic crash traffic volumes, but the empty streets only encouraged drivers who were already very prone to speeding to drive at very high speeds.

Published on: July 14, 2020

FMCSA Relaxes Truck Driver Drug Testing Requirements

by Robert N. Katz, Esq.

The Federal Motor Carrier Safety Administration has relaxed the truck driver drug testing requirements that trucking companies are required to comply with in the wake of the unique circumstances brought about by the COVID-19 pandemic.

According to the Federal Motor Carrier Safety Administration, it has decided to provide companies with reasonable flexibility if they are unable to completely comply with the federal agency’s drug testing requirements during the pandemic. That flexibility comes as a result of the difficulties trucking companies are currently facing in conducting the random drug testing that they are required to under federal laws.

Trucking companies are still required to conduct random drug testing of truck drivers based on the typical testing rate. They must test at least 50% of drivers for drugs and 10% of all their drivers for alcohol. However, in cases in which trucking companies are unable to conduct the random drug and alcohol testing required under the law, certain relaxations have been allowed.

Published on: March 18, 2019

Opioid-Linked Car Accidents are On the Rise

by Robert N. Katz, Esq.

The opioid overdose epidemic has been a top-priority for safety advocates as well as federal agencies for several years now. However, a little-known fact that has not garnered as much press is that opioid use has also contributed to an increase in the number of car accidents linked to drivers who were driving while under the influence of these painkillers.

A dependence on opioid medications or painkillers like Oxycontin has been blamed for a nationwide crisis that has raged unabated. In 2017 alone, 47,000 Americans died as the result of an opioid overdose. Deaths from opioid overdoses increased 14% nationwide in that year. In Georgia, however, opioid deaths increased over 16% in 2017. And to make it more a part of the daily conversation, social media has been awash with images and videos of addicts passed out or dead in their cars, sidewalks and commercial spaces.

Now, researchers at the Center for Injury Epidemiology and Prevention at Columbia University Medical Center say that there is ample evidence that opioid painkillers and drivers high under the influence of medications like Oxycontin are also causing an increasing number of car accidents. Their conclusions are based on results from a study that was conducted on 18,000 drivers involved in fatal accidents between 1993 and 2016. According to the researchers, the number of fatal car accidents involving drivers under the influence of opioid painkillers actually tripled over this 25-year period.

Published on: December 27, 2011

School Bus DUI Incident Underscores Bus Safety Challenges

by Robert N. Katz, Esq.

A school bus driver who was caught driving under the influence in another state underscores to Atlanta bus accident lawyers the challenges involved in keeping children safe on school buses. Importantly, school districts must be extremely diligent in hiring bus qualified drivers or they risk serious injuries to children and claims for negligent hiring and retention. A New Jersey school bus driver was arrested on charges of driving under the influence. That on its own may not have been a media- worthy event, except for the fact that it was the children on the school bus who called and informed their parents about the driver’s intoxicated behavior.

Parents received calls from their children on the bus, who noted that their driver was driving erratically and was dozing off at the wheel. The frantic parents called the school, and school authorities got in touch with the police. The driver, Carole Crockett was later arrested. She has been charged with DUI with a minor, endangering the welfare of a child, disorderly conduct and a number of other charges.

Police conducted breath tests, and found that Crockett registered at a startling .25% on the test. She is a commercial bus driver, and therefore, her maximum allowed BAC level is .04%, compared to the .08% that is allowed for other motorists. On a side note, this is one instance where Atlanta car accident lawyersare really glad that the children on the school bus happened to have their cell phones with them and used them. With a BAC concentration of .25%, it’s highly likely that this driver would have caused an accident.

Published on: March 12, 2010

Woman Charged in Fatal Gwinnett County DUI Accident

by Robert N. Katz, Esq.

The female motorist, who was driving a car in Gwinnett County during a fatal drunk driving car accident that killed a three-year-old child, has now been officially charged.

Twenty-six-year-old Alicia Tubman was allegedly driving intoxicated on January 11^th, when she lost control of her car, and it struck a fire hydrant and a tree. The car burst into flames. Emergency response officers were able to pull the woman out of the car. However, they could do nothing to rescue three-year-old Jayla Cook, who was in the backseat.

Tubman has spent the weeks since the accident recovering from burn injuries at the Grady Memorial Hospital in Atlanta. She has now been charged with driving under the influence, homicide by vehicle, cruelty to children, reckless driving and other charges. After the accident, Tubman‘s blood-alcohol levels were found to be more than three times the legally allowed limit of .08.

Published on: April 4, 2009

Families Mark Second Anniversary of Bryan County Car Accident Deaths

by Robert N. Katz, Esq.

March 21^st marked two years since the car accident that killed three Bryan County high school students. Melissa and Heather Arthur and Laura Cobb were killed in an accident just two miles from their school.

On the day of the accident, the three girls were passengers in a Chevrolet Cavalier driven by Tam Duc Le. As the car turned a curve on highway 119, it collided with a pickup truck. Tam Duc Le was charged with felony counts of first degree vehicular homicide and charges of reckless driving and several other traffic violations, including failure to maintain lanes and driving too fast for conditions.

The accident also brought into focus the dangerous highway curve where the accident occurred. Before the accident that killed the three high school students, there had been several other accidents on the curve caused by speeding drivers. At the accident scene, there is still a sign asking motorists to drive at 40 miles per hour. However, families in the area say that motorists frequently drive at far higher speeds.

Published on: March 27, 2009

St. Patrick’s Day Drunk Driving Crackdown: More DUI Arrests, Fewer Car Accidents

by Robert N. Katz, Esq.

Law enforcement officers in Georgia expect to be busier than usual during alcohol-heavy holidays like St. Patrick’s Day, cracking down on offenders and preventing drunk driving accidents. This year, was no different. In fact, it was a bumper harvest of sorts for police officers in downtown Athens who lodged a total of 268 criminal charges for a range of offenses, including drunk driving.

Those charged included drivers as well as their passengers, and included charges for violations like drug offenses and outstanding warrants, while others were cited for failure to wear seat belts.The crackdown was part of a special St. Patrick’s Day enforcement involving some 50 troopers manning at least seven different checkpoints. The crackdown is named "Operation Rolling Thunder," and last year it was used to rein in drunk drivers on four University of Georgia game days. This year, officers were expecting several arrests, given the fact that drinking is so much a part of the St. Patrick’s’ Day tradition, but even so they were unprepared for the large numbers of arrests.Officers had warned jail authorities to expect a larger than usual flow of guests, but Clarke County jail has only one fingerprint system, and jail officers ended up dealing with more numbers of offenders than they were prepared for.Most of those arrested were forced to spend many hours in jail before they could be bonded out.

Law enforcement officers tend to have their hands full during busy holidays, especially those that involve plenty of drinking and merriment, like Thanksgiving and New Year’s.The numbers of people drinking and driving tend to peak around New Years Eve, which is arguably the most alcohol-heavy holiday of the year. St Patrick’s’ Day however must rank close behind.While no one wants to play party-pooper, it’s a fact that the number of alcohol-related car accidents increase exponentially during a holiday. That’s why crackdowns like Rolling Thunder are essential – to make sure that those who have tempered their enjoyment with responsible drinking behavior, are not made to pay for those who have been stupid enough to tank up and slip behind the wheel. The St. Patrick’s Day crackdown in Athens received plenty of complaints from "victims" who were "made" to wait 20 hours before being bonded out, and lodged in crammed cells that were full of other likeminded DUI offenders.For those who whine about being made to wheeze into a breathalyzer and have their holiday end in a jail cell, Atlanta car accident lawyers would have one simple piece of advice – don’t drink and drive.