Trucking is one of the most dangerous professions. Big rigs weighing 40,000 pounds are racing down the freeway, and any collision could prove deadly. For this reason, the federal government regulates trucking and prohibits drug use. In fact, before a trucker can start working, they must pass a drug test.
What should you do if a high trucker crashes and injures you in a collision? We recommend doing all the normal things you would do after any other type of crash: call the police and take photos of the vehicles. Also remember to mention to the responding officer your suspicions that the trucker is high on something.
Also remember to contact Ball, Kirk & Holm, P.C. to talk with a Cedar Falls truck accident lawyer. We have offices in Waterloo and Iowa City but are happy to travel to meet you, if the circumstances warrant. As always, we are available 24/7 to all our clients, regardless of where you live.
Why Truckers Use Drugs
Some truckers might use drugs out of boredom or because they are lonely. But some of the most common drugs help keep truckers awake:
- Amphetamine. This stimulant increases a person’s heart rate and blood pressure and is popular because it helps counteract fatigue.
- Methamphetamine. Meth is also a stimulant, but it enters the brain quicker than amphetamine.
- Cocaine. Some truckers use cocaine because it helps them think clearer and allows them to drive with greater concentration.
Marijuana is also a popular drug, though it is usually used for recreational purposes. The effects of marijuana are complex, but it can serve as a depressant, leading to increased fatigue.
How Big a Problem is Drug Use in the Industry?
It is a major problem. The federal government maintains a database with information about the number of drug tests failed. The numbers are eye-opening.
In 2023, 61,433 positive drug tests were recorded for marijuana and 13 other drugs. This number represented an improvement over the previous year, when 68,639 positive tests were recorded. That works out to roughly a 10% decline.
Still, that many positive tests is staggering—working out to more than 5,000 in an average month. Alarmingly, the number of people suspended for refusing a drug test increased by a whopping 40%. Some of these people even submitted urine that was clearly doctored or altered in some way.
There is a decent chance a trucker who is involved in a crash might have taken a stimulant or other illegal drug, which is still in the bloodstream. This means we can seek punitive damages against them for dangerous behavior.
Drug Testing
The Federal Motor Carrier Safety Administration requires testing at various points:
- Pre-employment. A trucker must pass a drug test before being able to drive a commercial vehicle for a company.
- Random. The trucking company should randomly perform drug tests on its truckers.
- For cause. If the trucking company has reason to suspect a trucker is using drugs, then the company should request a drug test.
- Post-accident. Truckers are required to undergo a drug test after certain accidents, such as any accident that causes a human fatality or other accidents where a trucker is issued a citation.
Any trucker who fails a drug test, or who refuses a test, is immediately suspended from driving vehicles until they complete a return-to-duty process. This process requires meeting with a substance abuse professional.
Sadly, some trucking companies might fail to follow the regulations. There is a shortage of truckers, and they might try to hide a negative test result or simply let the trucker back on the road. We often request an employee’s file as part of our investigation to try and smoke out whether the trucker had a drug problem.
Signs a Trucker is High
After a crash, pay attention to whether the trucker is acting unusual. Some signs are:
- Jittery behavior
- Bloodshot eyes
- Bloody nose
- Holding a joint or other drug paraphernalia
- Paranoid behavior
- Extreme aggressiveness or violence
Let the responding officer know your concerns. The officer can investigate and possibly arrest the trucker. Where there is probable cause, the officer could require a urine test at the jail.
You Deserve Compensation
A trucker who is high on drugs is a danger to everyone on the road. There is a reason the federal government requires so much drug testing. Driving while under the influence of drugs is dangerous behavior, so the trucker is liable for crashing into you. You can seek compensation from the trucker’s insurance for medical care, property damage, income loss, and pain and suffering.
You might also request punitive damages. Driving after taking cocaine is not simply negligence. It’s the type of reprehensible conduct which deserves sanction. Punitive damages operate as a form of punishment, and they can increase dramatically the amount of money you take home.
Bringing a personal injury case against a drugged driver is complex. The trucking company might try to slide out from under liability by claiming they had no idea their trucker was doing drugs. We can seek financial compensation against them, too, where appropriate. Iowa law often makes employers liable for accidents committed by their employees.
Let’s review the accident and how much you can request. Our firm has won millions for people injured in truck collisions. We are pleased to offer our services to anyone in the market for a personal injury attorney.
Reach Out to a Cedar Falls Truck Accident Lawyer
Our legal team is dedicated to the rights of motorists who are hurt by dangerous drivers. You have important legal rights. But there are also deadlines you must meet, and you need high-quality evidence to show what happened. Never negotiate your own claim. You will only undermine your ability to receive fair compensation and could possibly agree to a settlement that is too small, given the seriousness of your injuries.
Instead, call Ball, Kirk, Holm. We can meet for a free consultation at our office or anywhere that is convenient to you. There is no risk in discussing your accident.