truck drivers

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: April 5, 2022

Truck Drivers Call for Increased Parking Facilities

by Robert N. Katz, Esq.

An accident with a tractor trailer truck most often ends up causing catastrophic if not fatal injuries. Driver fatigue is a major factor in the thousands of trucking accidents that occur in and around Georgia as well as around the country ever year. To combat this, it is crucial that truckers get a chance to rest and get refreshed during their workday, and trucking groups are now calling for rest facilities to be expanded.

President Biden’s $1 trillion infrastructure package allocates millions of dollars for transportation spending. Trucking groups as well as driver advocates are calling on the administration to use some of that money and invest it in the expansion of truck stops for drivers. Truck drivers often drive long distances that they are expected to travel all alone. That can increase the risk of fatigue and tiredness. Besides, truck drivers are mandated to drive only for a fixed number of hours before they are required to rest. The problem is that appropriate rest facilities are hard to find. You can hardly park a massive 80,000- pound tractor trailer by the side of the road. Designated truck stops have not just parking facilities where truckers can park their vehicles for a few hours while they sleep, but also offer food, refreshments and other facilities.

The American Trucking Associations and the Owner Operator Independent Drivers Association are calling on Transportation head Pete Buttigieg to allocate funds for the expansion of these facilities around the country. They claim that as many as 98 percent of truck drivers find it hard to find a good truck stop or rest area for them to rest before they commence driving. They say they spend almost an hour away or more trying to find safe spots, instead of resting.

Published on: November 8, 2021

Hundreds of Truck Drivers Cited during Georgia Enforcement Blitz

by Robert N. Katz, Esq.

Commercial delivery trucks have been working overtime to fulfill the large volume of online orders and commercial business. More commercial trucks on the roads usually brings with them more risks of trucking accidents, especially as more drivers take to the roads in the upcoming holiday season. Georgia authorities recently took steps to ensure safe driving practices by commercial truckers to keep everyone on the roads safe.

The SafeDRIVE (Drive Distracted Reckless Impaired Visibility Enforcement) is an initiative by the Federal Motor Carrier Safety Administration, and is carried out on a quarterly basis in collaboration with state and local law enforcement partners. In Georgia, the SafeDRIVE enforcement blitz was carried out between October 5 and 7 this year. As part of the Georgia initiative, the Motor Carrier Compliance Division of the Georgia Department of Public Safety conducted enforcement initiatives along popular trucking routes, including I- 75, I -95 and I- 85. More than 400 citations were issued to truck drivers across Georgia as part of a law enforcement initiative in collaboration with the federal administration in order to keep our highways safe and prevent truck accidents.

It was a three-day campaign, and hundreds of truck drivers and their commercial trucks were pulled over during the campaign. The campaign resulted in extensive monitoring of common truck driver errors, including following too closely, distracted driving and driving under the influence of alcohol. As part of the initiative, truck drivers were also cited for rash and aggressive driving and driving beyond the speed limits. These are common trucking driver mistakes that can increase the risk of the truck being involved in an accident that endangers not just the truck driver, but also occupants of passenger vehicles involved in the accident. In any accident involving a large commercial truck and a passenger vehicle, it is the occupants of the smaller vehicle who may be at a higher risk of suffering injuries, and therefore, it is important for law enforcement to conduct such regular enforcement campaigns to weed out bad drivers and keep the highways safer for all.

Published on: October 6, 2020

FMCSA Denies Pet Exemptions for Truck Drivers

by Robert N. Katz, Esq.

The federal administration has denied a petition by a business group for extension of the hours of service and electronic logging rules that apply to truck drivers travelling with their pets.

The group, Small Business Transportation Coalition, had submitted a petition to the Federal Motor Carrier Safety Administration. In the petition, the group requested exemptions for truck drivers from two of the Federal Motor Carrier Safety Administration’s mandates, including the mandate for electronic logging devices on all trucks as well as the Hours of Service requirements.

According to the petition, drivers travelling with pets should be exempted from the Hours of Service requirements and be permitted to drive for up to 13 hours during their shift. That would be beyond the current truck driving limits imposed by the Federal Motor Carrier Safety Administration. According to the petition, truck drivers benefit from travelling with their pet companions, as this helps relieve boredom and loneliness during long journeys. Longer driving hours would actually help these drivers drive slower, because of the various activities like feeding and walking that they would have to perform in connection with the care of their pets. According to the petition, these drivers would, therefore, need more than the normal hours in order to complete their shifts.

Published on: August 25, 2020

More Female Truck Drivers Could Mean Fewer Accidents

by Robert N. Katz, Esq.

Truck drivers are more likely to be male than female. However, female truck drivers are much less likely to be involved in accidents, compared to male drivers. That information comes from a new study conducted in the United Kingdom, which found that eliminating gender inequalities in the trucking profession could go a long way in helping keep our roads safer.

The researchers analysed accident data for 6 different types of vehicles, and found that in at least 5 of those types of vehicles, the risk posed by male drivers was greater than those presented by females.

In the case of cars and vans, the risk posed by male drivers was double the risk posed by female drivers, and in the case of commercial tractor trailers, the risk posed by male drivers was as much as 4 times higher than the risk posed by female drivers. The risks are staggeringly higher when it is a female behind the wheel of a truck. The risks are also dramatically higher when a male rides a motorcycle, with the risk shooting up by ten times compared to a female.

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: October 23, 2019

Records of Truckers’ Drug History Will Be Available to Employers in 2020

by Robert N. Katz, Esq.

Far too many truck accidents are caused every year by drivers under the influence of drugs, especially those like methamphetamines which are specifically taken to help drivers stay awake for long periods of time. When the effects of these drugs wear off, the driver may feel extremely fatigued and may fall asleep at the wheel. This sets up not only the truck driver but everyone he is sharing the road with for a catastrophic accident with deadly results.

For years, truck drivers have been able to conceal records of their drug and alcohol use. This was because of a loophole in the law that failed to provide a system through which potential employers could look at an applicant’s drug and alcohol use records. Fortunately, that will change soon.

Beginning in January 2020, all trucking companies will be required to check if the potential truck driver recruit they are planning to hire has a history of drug and alcohol use on the job. They can do this by going through the Drug and Alcohol Clearinghouse which contains these records.

Published on: September 4, 2019

Amazon Tries to Get Around the Law and Their Delivery Drivers’ Accidents

by Robert N. Katz, Esq.

We have all seen the army of Amazon delivery drivers throughout metro Atlanta and the state of Georgia. They can be in box trucks, delivery vans or even passenger vehicles. With the sheer number of deliveries being made by Amazon every day, one may wonder how many vehicle accidents involving these drivers occur on any given day. A recent article by ProPublica highlighted the retail giant Amazon and its policy regarding auto accidents involving delivery drivers.

Many of the deliveries made by Amazon are by drivers that are independent contractors, versus those with commercial delivery companies such as UPS or FedEx, or regular employees. The reason Amazon has chosen to use so many contractor drivers over the recent years is to cut costs. This is because using contractors does not involve the overhead costs that are involved with regular employees.

The ProPublica article noted that since June of 2015, there have been more than 60 accidents involving the Amazon delivery drivers that resulted in very serious injuries. Ten of these accidents were fatal. These numbers were based on the limited data that was available, so there is a high likelihood of many more unreported accidents.

Published on: January 30, 2019

Sleep Deprivation and Trucks Make for a Deadly Combination

by Robert N. Katz, Esq.

It should be no surprise that commercial truck drivers are more likely to suffer from sleep deprivation compared to other drivers. Studies done by the Federal Motor Carrier Safety Administration found that sleep deprivation is a factor in as many as 13 percent of all large truck, semi-rig and 18-wheeler accidents. In a high traffic area such as the Atlanta and North Georgia region, this can result in catastrophic, and often deadly, car accidents that result in serious person injury.

A commercial truck driver’s schedule usually involves long hours without many breaks. Drivers are often under great pressure to clock-in a certain number of hours on their logs, which requires them to drive for more and more hours without scheduling a rest break. This can be a grave mistake that can have deadly consequences because a sleep-deprived driver is much more likely to make the types of mistakes that result in accidents. Couple this with an 80,000 pound vehicle like a tractor-trailer, and it’s no wonder that a sleep-deprived truck driver can be one of the most dangerous drivers on the road.

Unfortunately for truck drivers, delivery schedules can be tight and it’s often not possible for a truck driver to rest when he wants to. The secret to sound sleep for a truck driver, therefore, may be to sleep when he can, instead of when he wants. This not only compromises the safety of other drivers, but your own health as well. If you are a big-rig driver, here are a few tips for drivers to get more rest on the job.

Published on: April 14, 2014

FMCSA Proposes Truck Driver Drug and Alcohol Test Database

by Robert N. Katz, Esq.

Commercial truck drivers are held to a much higher standard when it comes to driving under the influence of alcohol and drugs when compared to the average motorist. This makes sense, since the stakes are much higher when it comes to commercial semi-truck drivers. Now the Federal Motor Carrier Safety Administration Federal Motor Carrier Safety Administration (FMCSA) has proposed the establishment of a database that will contain information about driver drug and alcohol tests with the goal of preventing drivers with a substance abuse problem from slipping through the cracks and finding employment in the industry.

The FMCSA recently proposed the establishment of a Commercial Driver’s License Drug and Alcohol Clearinghouse, which would function as a database containing information about controlled substance and alcohol test results of commercial truck drivers. All commercial driver license holders would be included in the database.

Under the proposal, commercial motor carriers, employers, medical review officers, substance abuse professionals, as well as third-party agencies would be required to report drug and alcohol test results to the database. These persons would also be required to submit information involving alcohol or drug test refusals, negative return-to-duty test results, adulterated and substitute drug test results as well as other kinds of data that relates to driver alcohol and drug use.Additionally, labs that provide commercial motor carriers with drug and alcohol testing services would be required to report information about testing activities and results.