Helping the Injured in Tennessee Since 1977
Drug & Alcohol Abuse by Truck Drivers There's No Substitute for Experience 

Drug & Alcohol Abuse by Truck Drivers

Commercial motor vehicle (CMV) operators must be drug and alcohol-free. In 1991, the Federal Motor Carrier Safety Administration (FMCSA) passed the Omnibus Transportation Employee Testing Act, which requires DOT agencies across the nation to regularly test their drivers for drugs and alcohol.

If a driver fails a drug and alcohol test or is arrested for a DUI, § 383.37 requires that employer to disallow that driver from operating a CMV. A driver can be disqualified from a year to life, depending on the violation(s). If you were involved in an accident with a semi-truck because the driver was under the influence of drugs or alcohol, or had a history of substance abuse but was still allowed to drive, you may have a claim.

Hit by an intoxicated truck driver? Take advantage of a free consultation by calling us at (615) 933-2893.

Disqualifying Truck Drivers for Drug & Alcohol Violations

According to the FMCSA, truck drivers can be disqualified for drug and alcohol-related offenses. For example, a first conviction for driving under the influence can warrant a year’s suspension. That same violation could warrant up to three years’ suspension if the driver was transporting hazardous materials.

The most severe disqualifying offense related to drugs and alcohol is using a vehicle to commit a felony involving controlled substances. That offense would warrant a life suspension with the inability to petition for 10-year reinstatement. Drug and alcohol testing of truckers with commercial driver’s licenses (CDLs) must be administered by an individual who has successfully completed DOT Supervisor Training.

Statistics for Drug & Alcohol Use Among Truck Drivers

A review published in Occupational & Environmental Medicine indicated that drug and alcohol use among truck drivers was high due to the stresses of the job, the long hours that are often required, and availability at rest stops and gas stations. For example, amphetamines and cocaine can help drivers stay awake, but can also cause dangerous side effects such as hallucinations and vertigo.

While drug & alcohol use among truckers is high worldwide, the FMCSA’s own numbers indicate that only one percent of U.S. truck drivers test positive on random drug and alcohol tests. Another study evaluated trucking fatalities from eight states over a one-year period and found that 67% of fatally injured truckers had one or more drugs in their system, while 33% had detectable concentrations of drugs or alcohol in their bloodstream.

Uncovering Evidence After a Drunk Driving Truck Accident

Truck accidents involving drug and alcohol abuse can result in serious injuries to the brain and spinal cord. Victims of drunk drivers may pursue compensation for their medical bills, lost wages, and other hardships. Drunk truck driving accidents may also involve punitive damages, which are intended to punish the at-fault party and provide additional financial compensation for the accident victim.

Our team knows how to investigate truck accident cases to determine if drug/alcohol abuse was a factor. Depending on the circumstances of the accident, we may subpoena medical records, police reports, DUI breath tests, and other evidence. We may also conduct a thorough investigation of the accident scene, searching for evidence such as prescription bottles and drug paraphernalia.

We can put our extensive experience, skill, and resources to work for you to help you pursue fair and just compensation for your truck accident injury. Call now for your free case evaluation.

Verdicts & Settlements

Unmatched Dedication Has Led to Record-Setting Victories
  • Personal Injury - Erin Andrews Lawsuit Against Hotel $55 Million
  • Medical Malpractice - 62 Year Old Woman $22.2 Million
  • Medical Malpractice - Largest Verdict in Weakley County History $15.2 Million
  • Medical Malpractice - Davidson County $6.5 Million
  • Wrongful Death of 22 Month Old $5 Million
  • Golf Cart Accident $4.4 Million
  • Medical Malpractice - 24 Year Old College Student $4 Million
  • Wrongful Death - Tractor-Trailer Wreck $3.25 Million
  • Wrongful Death - 16 Year Old Boy $3 Million
  • Auto Accident - Rutherford County $3 Million

Client Testimonials

Helping the Injured Obtain Justice
  • Integrity, above and beyond

    “From a choice in the Yellow Pages to Success. This Law Firm has proven itself as absolutely professional, goal oriented, kind and compassionate in the past several years during my case. Mutual trust ...”

    - H.W.
  • In the hardest two years of my life, you provided the utmost trust, comfort, and support.

    “Thank you Randy, Jennifer, and Cynthia so much for not only helping me get through what has been the hardest time of my life, but for always providing grace, trust, and a sense of comfort for what ...”

    - T.H.
  • We are very grateful.

    “Our case was not easy. Many law firms would not be willing to get involved with a case this complicated and time-consuming. What Kinnard Law achieved on account of conquering numerous hurdles was ...”

    - E.I.
  • Great staff.

    “I had the pleasure of working with a few different Kinnard Law lawyers after a personal injury. The process in its entirety took a couple years - which is longer than I anticipated, but also news to ...”

    - J.
  • 100% Best Lawyers Around

    “You have all been so kind and loving to our family! We appreciate all the hard work and dedication you all put in for our case.”

    - J.S.

Awards & Accolades

Highly Respected in the Legal Community
  • The Inner Circle of Advocates
    The Inner Circle of Advocates

    Randall Kinnard is a member of the Inner Circle of Advocates, a prestigious invite-only group comprised of the top 100 plaintiffs’ trial lawyers in the United States.

  • Best Lawyers
    Best Lawyers

    Randall Kinnard (since 1993),
    Mary Ellen Morris (since 2017),
    and Jennifer Eberle (since 2022)
    have all been recognized for their legal skill and achievements.

  • Best Law Firms
    Best Law Firms

    The firm has received the prestigious “Best Law Firms” rating in the practice areas of Medical Malpractice Law, Personal Injury Litigation, Product Liability Litigation and Health Care Litigation.

  • American Board of Trial Advocates
    American Board of Trial Advocates

    Attorney Randall Kinnard is a member of ABOTA, a nationwide organization of lawyers who care passionately about the trial system in the United States.

  • American College of Trial Lawyers
    American College of Trial Lawyers

    Randall Kinnard is an inducted member of the ACTL, one of North America’s premier trial organizations comprised of less than 1% of all lawyers in each state.

  • International Academy of Trial Lawyers
    International Academy of Trial Lawyers

    Randall Kinnard is a member of the invitation-only International Academy of Trial Lawyers, which is limited to 500 trial lawyers in the United States.

  • Litigation Counsel of America
    Litigation Counsel of America

    Randall Kinnard is a Fellow of the Litigation Counsel of America, an invite-only honorary society comprised of less than .5% of all U.S. lawyers.

  • Randall Kinnard - Product Liability
    Randall Kinnard - Product Liability

    Attorney Randall Kinnard was named the 2019 Product Liability Litigation – Plaintiffs ‘Lawyer of the Year’ in Nashville, TN.

  • Super Laywers
    Super Laywers

    Randall Kinnard has been voted to TN Super Lawyers®. This organization recognizes the top 5% of attorneys in their practice area.

  • AV Preeminent Rating
    AV Preeminent Rating

    Randall Kinnard and Mary Ellen Morris have received the highest rating for legal excellence by Martindale-Hubbell.

  • 40 Under 40
    40 Under 40

    Our attorneys have been voted by their peers to the "Top 40 under 40" Trial Lawyers list, as awarded by The National Trial Lawyers organization.

  • Best 150 Lawyers
    Best 150 Lawyers

    Our firm’s trial attorneys have been recognized among the state’s leading legal minds, and named by Business TN Magazine to its coveted “150 Best Lawyers in Tennessee” list.

  • Best of the Bar 2023
    Best of the Bar 2023

    Our attorneys have been named as 2023 “Best of the Bar” by Nashville Business Journal.


Why Choose Kinnard Law

  • Dedication to Our Clients

    We put personal attention on all of our cases and fight for the best possible outcome. Our clients are more than a number or a case to us.

  • Proven Success

    We have recovered millions in record-setting verdicts for our clients varying from medical malpractice to catastrophic auto accidents.

  • Trusted Experience

    Our team of seasoned attorneys includes certified civil trial and medical malpractice specialists who have tried hundreds of cases.

Get in Touch Today

Request a Free Consultation

To schedule a detailed consultation with one of our Nashville personal injury lawyers about medical malpractice, a catastrophic accident, or wrongful death, contact our office today. Let us put our team of respected legal professionals, independent investigators, and medical experts to work on your case immediately.

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