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Fatalities in Crashes Involving DUI (Alcohol)
Fatalities Due to Motor Vehicle Accidents or Crashes Involving Speeding or Driving Above the Posted Limit
According to Texas Department of Transportation:
•297 drivers died
•78 passengers were killed in speeding vehicles
•61 persons were killed in speed crashes and non-speed over the limit driving
•10 pedestrians were killed in speed over the limit driving
•1 other killed
TOTAL OF 447 DEATHS IN 2009 DUE TO CAR/TRUCK ACCIDENTS OR CRASHES
For more information, go to Texas Department of Transportation website and search crash records.
Fatalities Due to Speeding Car | Truck Drivers
FMCSA Launches New Compliance, Safety, Accountability (CSA) Program for Commercial Trucks and Buses
WASHINGTON - The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) today took a major step toward improving commercial truck and bus safety with the launch of the Compliance Safety Accountability (CSA) program.
The centerpiece of CSA is the Safety Measurement System (SMS), which will analyze all safety-based violations from inspections and crash data to determine a commercial motor carrier's on-road performance. The new safety program will allow FMCSA to reach more carriers earlier and deploy a range of corrective interventions to address a carrier's specific safety problems.
"The CSA program will help us more easily identify unsafe commercial truck and bus companies," said U.S. Transportation Secretary Ray LaHood. "Better data and targeted enforcement will raise the safety bar for commercial carriers and empower them to take action before safety problems occur."
The program also advances the Obama Administration's open government initiative by providing the public with safety data in a more user-friendly format. This will give consumers a better picture of those carriers that pose a safety risk. CSA was also tested in nine pilot states before the program was launched.
"We worked closely with our partners in the motor vehicle community to develop this powerful new program," said FMCSA Administrator Anne S. Ferro. "CSA is an important new tool that will help reduce commercial vehicle-related crashes and save lives."
The SMS uses seven safety improvement categories called BASICs to examine a carrier's on-road performance and potential crash risk. The BASICs are Unsafe Driving, Fatigued Driving (Hours-of-Service), Driver Fitness, Controlled Substances/Alcohol, Vehicle Maintenance, Cargo-Related and Crash Indicator. Under FMCSA's old measurement system, carrier performance was assessed in only four broad categories.
By looking at a carrier's safety violations in each SMS category, FMCSA and state law enforcement will be better equipped to identify carriers with patterns of high-risk behaviors and apply interventions that provide carriers the information necessary to change unsafe practices early on.
Safety interventions include early warning letters, targeted roadside inspections and focused compliance reviews that concentrate enforcement resources on specific issues identified by the SMS.
FMCSA will continue to conduct onsite comprehensive compliance reviews for carriers with safety issues across multiple BASICs. And, where a carrier has not taken the appropriate corrective action, FMCSA will invoke strong civil penalties. To learn more about the new CSA program, visit http://csa.fmcsa.dot.gov/. To see the new SMS, visit http://ai.fmcsa.dot.gov. FMCSA 20-10 - Monday, December 13, 2010
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Fatalities in Crashes Involving DUI (Alcohol)
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The following issues can arise when dealing with 18 wheeler accidents or truck accidents:
•Negligent maintenance claims
•18 wheeler truck and federal regulations
•18 wheeler truck’s tractor was negligently maintained
•18 wheeler truck trailers were negligently maintained
•18 wheeler truck and state regulations
•Reviewing 18 wheeler truck records and logs
•18 wheeler truck drivers and drug testing
•Negligent hiring and supervision of 18 wheeler truck drivers
•Insurance coverage for 18 wheeler trucks
•any combination of vehicles with a gross combination weight rating (GCWR) of 26,001 or more pounds, providing the GVWR of the vehicle being towed is in excess of 10,000 pounds;
•any vehicle, regardless of size, designed to transport 16 or more persons, including the driver; and any vehicle required by federal regulations to be placarded while transporting hazardous materials.
U.S. Department of Transportation/Federal Motor Carrier Safety Administration
Part 391.51 of the Federal Motor Carrier Safety Regulations requires each motor carrier (or truck driver employers) to maintain a truck driver qualification file for each truck driver it employs and this file may be combined with the truck driver’s personnel file. The records must be retained for a minimum of three years.
The file must include:
•Truck driver’s application for employment
•Motor vehicle record from each State
•Certificate of the truck driver’s road test or a copy of the license or certificate accepted as equivalent
•Motor vehicle record received from each State driver-licensing agency to the annual truck driver record inquiry
•Note relating to the annual review of the truck driver’s driving record
•A list or certificate relating to violations of motor vehicle laws and ordinances (must be reviewed annually) by the truck driver
•The medical examiner’s certificate (or medical variance documentation, if waived)
•Skill performance evaluation certificate for the truck driver
Also include: all records on drug/alcohol testing done and an accident register (listing all preventable truck accidents).
There are limited exceptions or exemptions to the above. For example, truck drivers operating in Hawaii; intermittent, casual or occasional truck drivers; truck drivers provided by other carriers; truck drivers of farm vehicles.
WASHINGTON - As part of its campaign to put an end to the practice of distracted driving, the U.S. Department of Transportation today proposed a new safety regulation that would specifically prohibit interstate commercial truck and bus drivers from using hand-held cell phones while operating a commercial motor vehicle (CMV). "Every time a commercial truck or bus driver takes his or her eyes off the road to use a cell phone, even for a few seconds, the driver places everyone around them at risk," said U.S. Transportation Secretary Ray LaHood. "This proposed rule will go a long way toward keeping a driver's full attention focused on the road." The proposed Federal Motor Carrier Safety Administration (FMCSA) rule would prohibit commercial drivers from reaching for, holding or dialing a cell phone while operating a CMV. Drivers who violate these restrictions would face federal civil penalties of up to $2,750 for each offense and disqualification of their commercial driver's license (CDL) for multiple offenses. Additionally, states would suspend a driver's CDL after two or more violations of any state law on hand-held cell phone use.
Motor carriers that allow their drivers to use hand-held cell phones while driving would face a maximum penalty of $11,000. Approximately four million interstate commercial drivers would be affected by this proposal.
"We are committed to using every resource at our disposal to ensure commercial drivers and vehicles are operating safely at all times," said FMCSA Administrator Anne S. Ferro. "Implementation of this proposal would help make our roads safer and target a leading cause of distracted driving."
FMCSA research shows that using a hand-held cell phone while driving requires a commercial driver to take several risky steps. In particular, commercial drivers reaching for an object, such as a cell phone, while driving are three times more likely to be involved in a crash or other safety-critical event. Drivers dialing a hand-held cell phone while driving increase their risk by six times. Many of the largest carriers, such as UPS, Covenant Transport, and Wal-Mart, already have company policies in place banning their drivers from using hand-held phones. In September 2010, FMCSA issued a regulation banning text messaging while operating a commercial motor vehicle.
Nearly 5,500 people died and half a million were injured in crashes involving a distracted driver in 2009. Distraction-related fatalities represented 16 percent of overall traffic fatalities in 2009, according to National Highway Traffic Safety Administration (NHTSA) research.
FMCSA is providing 60 days for the public to comment on this rule making. The comment period begins once the proposed rule is published in the Federal Register. The proposal and information about how to submit comments is here.
To learn more about the U.S. Department of Transportation's efforts to stop distracted driving, please visit http://www.distraction.gov.
FMCSA 21-10 - Friday, December 17, 2010
There are two kinds of crash reports for in Texas:
1.Texas Peace Officer's Crash Report
This report is completed by a law enforcement officer investigating a traffic crash (car or truck accident included) when apparent damage is $1,000 or more, or when the crash resulted in injury or death.
2.Driver's Crash Report (Blue Form)
This report is completed by a driver involved in a traffic crash when the crash is not investigated by a law enforcement officer and apparent damage is $1,000 or more or when the crash resulted in injury or death. The report can be obtained from the Texas Department of Transportation. To request a report, at least two of the the following information must be provided:
date of the crash, location of the crash, and the name of any person involved in the crash.
Forms to order copies can be obtained at TxDOT’s website.
Costs and Ordering: $6.00 for a regular copy and $8.00 for a certified copy
A certified copy is requested when a person needs an official document, such as for a legal proceeding. To obtain a copy of either report, please complete the appropriate request form and mail it with the required payment to the address shown on the form.
49 CFR §391.25 requires a truck driver employer to annually review the driving record of each of the truck drivers it employs. The purpose is to assess or determine whether the driver has an acceptable driving record, which meets the minimum requirements for driving, and that the driver is qualified (and not disqualified) to drive a commercial motor vehicle. The employer must review and check if the driver has violated any laws or regulations relating to the Federal Motor Carrier Safety Regulations (FMCSR) and/or Hazardous Materials Regulations. The employer must look at the truck driver’s accident record and traffic violations, and must heavily consider violations such as speeding, reckless driving and DWI or DUI violations. Consideration must be given to whether the truck driver’s history shows a disregard for public safety.
WASHINGTON - Drivers of large trucks and other vehicles involved in truck crashes are ten times more likely to be the cause of the crash than other factors, such as weather, road conditions, and vehicle performance according to a new study released by the Federal Motor Carrier Safety Administration (FMCSA).
The Large Truck Crash Causation Study was commissioned by FMCSA to review the causes of, and contributing factors to, crashes involving commercial motor vehicles. While previous data focused on specific crashes and/or individual causes of crashes, this study was the first nation-wide examination of all pre-crash factors. "This study makes it clear that we need to spend more time addressing driver behavior, as well as making sure trucks and buses are fit for the road," FMCSA Administrator Annette M. Sandberg said. "The multitude of data now available will allow us to analyze specific areas of behavior and work with our industry and safety partners to develop an agenda on driver safety that will improve commercial motor vehicle driver performance."
FMCSA will conduct analysis to further examine driver factors such as use of prescription and over-the-counter drugs, speeding, fatigue, inattention, distractions, work environment, and unfamiliarity with the road.
The study, conducted with the help of the National Highway Traffic Safety Administration, investigated a national sample of fatal and injury crashes between April 2001 and December 2003 at 24 sites in 17 states. Each crash involved at least one large truck and resulted in at least one fatality or injury. The total sample of 967 crashes included 1,127 large trucks, 959 non-truck motor vehicles, 251 fatalities, and 1,408 injuries. Action or inaction by the driver of either the truck or other vehicle was the critical reason for 88 percent of the crashes.
The data offer unprecedented detail about the events surrounding truck crashes that are not available anywhere else. The study database eventually will be available to the public to encourage further analysis and increase the knowledge about large truck crash factors.
For more information, go to the US Department of Transportation website: www.dot.gov
Truck accidents, also commonly referred to as 18 Wheeler Accidents or Semi Accidents, can be very dangerous. When there is a truck accident, the truck company will do everything in their power to help reduce the impact to their bottom line. They have representatives and lawyers that are available to confront the accident victims before the victim might know how to react! This is the exact reason that you need an experienced truck accident attorney | lawyer on your side. We are standing by to help you with your truck accident questions, 24 hours a day!
In a legal battle versus the truck companies, you need to choose the right truck accident lawyer | attorney, and you need to work FAST! The truck accident lawyers | attorneys at the Kane | Varghese Law Firm will answer your call anytime, day or night to get you the legal help you need, fast.
The federal government conducted a study regarding truck accidents | semi accidents| 18 wheeler accident and came up with the following facts:
Associated Factors Assigned in Large Truck Crashes and Their Relative Risk Importance (18 Wheeler Accidents)
Factors
Vehicle: Brake problems
Driver: Traveling too fast for conditions
Driver: Unfamiliar with roadway
Environment: Roadway problems
Driver: Over-the-counter drug use
Driver: Inadequate surveillance
Driver: Fatigue
Driver: Felt under work pressure from carrier
Driver: Made illegal maneuver
Driver: Inattention
Driver: External distraction
Vehicle: Tire problems
Driver: Following too close
Driver: Jackknife
Vehicle: Cargo shift
Driver: Illness
Driver: Internal distraction
Driver: Illegal drugs
Driver: Alcohol
Number of Trucks
41,000
32,000
31,000
29,000
25,000
20,000
18,000
16,000
13,000
12,000
11,000
8,000
7,000
7,000
6,000
4,000
3,000
3,000
1,000
Percent of Total
29%
23%
22%
20%
17%
14%
13%
10%
9%
9%
8%
6%
5%
5%
4%
3%
2%
2%
1%
Notes: Results shown are national estimates for the 141,000 large trucks estimated to have been involved in fatal and injury crashes during the study period. The estimates may differ from true values, because they are based on a probability sample of crashes and not a census of all crashes. Estimates are rounded to the nearest 1,000 large trucks. Source: Large Truck Crash Causation Study, Federal Motor Carrier Safety Administration (FMCSA) Involved in an 18 wheeler accident or truck accident? Speak with a truck accident lawyer | truck accident attorney now! Live! An experienced truck accident lawyer | truck accident attorney will answer all of your calls about injuries that you or a loved one sustained in an 18 wheeler or truck accident.
There can be different reasons that truck accidents | semi accidents | 18 wheeler accident occur. There might be mechanical fault with the semi trailer itself, or any number of other issues (brake failure, safety equipment failure, failing to secure loads properly, or failure to use the correct safety equipment). These factors that lead to the 18 wheeler accident | truck accident might have possibly been avoided, and the exact cause of any particular truck accident will likely be investigated to determine the true nature of the accident itself. The driver is also responsible for their own activities on the road, and even with the regulations that try to deter unsafe driving practices, some drivers still are entirely too fatigued to be driving. They might also be on different over-the-counter medicines to help keep them awake longer ("trucker pills") that can cause impairment and poor judgment while they are on the road.
Night driving presents significant problems of determining how fast other vehicles are going on the road. Established engineering studies demonstrate that an 18 wheeler truck driver’s ability to determine whether vehicles ahead are stopped or are simply moving slowly as the 18 wheeler truck approaches is inhibited at night. Frequently, an 18-wheeler truck driver doesn’t realize that the vehicles ahead are stopped until he is too close to stop and an 18 wheeler truck accident results.
It is not uncommon that commercial truck companies overload cargo because of greed and time. Truck companies try to do more, with less and are under constant demand to deliver on a prompt schedule which encourages overloading. Overloading can cause increased tire failure because the tractor trailer runs hotter, has faster brake wear, less fuel economy, and unnecessary downtime caused by premature wear and tear on the transmission. An overloaded tractor trailer truck takes longer to stop and will most likely rear end another vehicle when it needs to make an emergency stop.
Involved in a 18 wheeler accident, semi truck accident, or truck accident? Call the Kane Varghese Law firm and speak with a truck accident lawyer | 18 wheeler accident lawyer now! Live! Our clients pay NO costs , attorney fees, or legal expenses unless we collect on their behalf. Call Now! FREE CONSULTATION !
As in a regular automobile accident, if you are involved in a Truck Accident, do not admit blame or any mistake on your own part. Do not try to take any action against the other driver or anyone else involved as this does not help the situation. You should exchange insurance information with the other driver when possible.
The Federal Motor Carrier Safety Administration (FMCSA) was established within the Department of Transportation on January 1, 2000, pursuant to the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 113). Its mission is to prevent commercial motor vehicle-related fatalities and injuries.
The following tables contain data released by the federal government as it relates to 18 wheeler crashes or 18 wheeler | truck accidents. The information contained is both eye-opening and exhaustive.
Estimated Numbers of Trucks in All Crashes, by Critical Reasons (18 wheeler truck accidents or large truck accidents)
Critical Reasons
Driver
Non-Performance
Recognition
Decision
Performance
Vehicle
Environment
Total Number of Large Trucks Coded with Critical Reason
Total Number of Large Trucks Not Coded with Critical Reason
Total Number of Large Trucks Involved in Crashes
Number of Trucks
68,000
9,000
22,000
30,000
7,000
8,000
2,000
78,000
63,000
141,000
Percent of Total
87%
12%
28%
38%
9%
10%
3%
100%
—
—
It is important to not try to "self assess" your medical condition as a result of a truck accident. As an example, many of the long-term side effects of "whip-lash" from a truck accident are not known or apparent until much later. It is always advisable to have a complete medical evaluation after a truck accident to help assess any potentially non-visible damage to muscles or joints in your body. In an accident, your body has a tendency to "tense up" and deliver a HUGE amount of adrenaline to help your response in a crisis situation. This means that you cannot possibly self-assess your own medical condition immediately after a truck accident, and should avoid phrases such as "I'm OK" or anything indicating that you do not have any injuries. You may not even know if you have injuries or not, and only a qualified medical doctor should make that determination.
The Kane | Varghese Law Firm represents clients suffering from all types of injuries due to 18 wheeler accidents or truck accidents. Some common types of injuries as a result of 18 wheeler accidents or truck accidents are listed below:
•Head trauma or Brain damage as a result of a 18 wheeler accident or truck accident
•Burns as a result of a 18 wheeler accident or truck accident
•Amputations as a result of a 18 wheeler accident or truck accident
•Paraplegia / quadriplegia as a result of a 18 wheeler accident or truck accident
•Spinal cord injury as a result of a 18 wheeler accident or truck accident
•Severe Injuries or a Death as a result of 18 wheeler or truck accidents
An experienced truck accident or 18 wheeler accident attorney at the Kane | Varghese Law firm will provide the legal expertise as well as the medical knowledge required to help in your truck accident lawsuit. One of our founding lawyers is not only an experienced lawyer | attorney, but one of the few attorneys who is also an active and practicing ER physician.
We have an experienced truck accident attorney | lawyer standing by, 24 hours a day, 7 days a week to answer any questions you might have. Our medical expertise and legal experience in truck accidents in and around will help ensure that your rights are protected if you've been involved in a Truck accident or 18 wheeler accident.
The United States Code of Federal Regulations [49 C.F.R. §392.14] provides in pertinent part as follows: Extreme caution in the operation of a commercial motor vehicle [18 wheeler accident | truck accident] shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. The qualification of 18 wheelers and large truck drivers are also regulated by the Federal and state governments. Federal and state government regulations also cover the maintenance, repair and load bearing limitations on the 18 wheelers and large trucks.
•Driver failure to properly to observe blind spots that results in a 18 wheeler accident or truck accident
•Failure to observe safety procedures or be properly trained in safety procedures that results in a 18 wheeler accident or truck accident
•Exhaustion or fatigue on the part of the driver that results in a 18 wheeler accident | truck accident
•Excessive speed and failure to follow rules of the road that results in a 18 wheeler accident | truck accident
•Tire failure or separation that results in a 18 wheeler accident or truck accident
•Trailer or truck loads not properly secured that results in a 18 wheeler accident or truck accident
•Debris or articles in the road that results in a 18 wheeler accident or truck accident
•Driving under influence of drugs or alcohol that results in a 18 wheeler accident | truck accident
•Brake or tire failure of an 18 wheeler truck that results in a 18 wheeler or truck accident
•Unsecured cargo or freight shifting in the payload section that results in a 18 wheeler accident | truck accident
•Unsafe driving practices such as speeding or other aggressive or dangerous driving behavior that results in a 18 wheeler accident or truck accident
•Truck rollover, driver fatigue, or driver inattention that results in a 18 wheeler accident or truck accident
An experienced truck accident attorney | lawyer at the Kane | Varghese Law firm will provide the legal expertise as well as the medical knowledge required to help in your truck accident lawsuits. One of our founding attorneys | lawyers is not only an experienced lawyer | attorney, but one of the few attorneys who is also an active and practicing ER physician.
There can be many reasons for the truck accident itself, and the truck company will do everything in their power to protect their own interests. They are not always concerned with the legal rights of the victim, and might become pushy or uncooperative, when they were responsible for the Truck accident to begin with!
Rural Crashes Statewide Crashes
Total
Fatal Crashes
Serious Injury Crashes
Other Injury Crashes
Fatalities
Serious Injuries
Other Injuries
Number of Crashes
1,488
17,687
16,254
Number of Persons
1,404
55,375
128,285
% of Total Crashes
1.51%
17.90%
16.45%
% of Total Persons
0.68%
10.15%
10.59%
Fatal Crashes
Serious Injury Crashes
Other injury crashes
Fatalities
Serious Injuries
Other Injuries
Number of Crashes
2,793
59,164
95,880
Number of Persons
3,089
80,640
154,640
% of Total Crashes
0.65%
13.80%
22.37%
% of Total Persons
0.26%%
6.68%
12.81%
DUI
Fatal Crashes
Serious Injury Crashes
Other Injury Crashes
Fatalities
Serious Injuries
Other Injuries
Number of Crashes
1,488
17,687
16,254
Number of Persons
1,404
55,375
128,285
% of Total Crashes
1.51%
17.90%
16.45%
% of Total Persons
0.68%
10.15%
10.59%
Fatal Crashes
Serious Injury Crashes
Other injury crashes
Fatalities
Serious Injuries
Other Injuries
Number of Crashes
2,793
59,164
95,880
Number of Persons
3,089
80,640
154,640
% of Total Crashes
0.65%
13.80%
22.37%
% of Total Persons
0.26%%
6.68%
12.81%
Urban Crashes Urban DUI Crashes
Total
Fetal Crashes
Serious Injury Crashes
Other Injury Crashes
Fatalities
Serious Injuries
Other Injuries
Number of Crashes
1,305
41,477
79,626
Number of Persons
1,404
55,375
128,285
% of Total Crashes
0.40%
12.57%
24.14%
% of Total Persons
0.15%
5.78%
13.38%
Fatal Crashes
Serious Injury Crashes
Other Injury Crashes
DUI Fatalities
Serious DUI Injuries
Other DUI Injuries
Number of Crashes
367
3,740
3,400
Number of Persons
405
5,272
5,832
% of Total Crashes
2.05%
20.90%
19.00%
% of Total Persons
0.94%
12.25%
13.55%
WHY DO TRUCK DRIVERS HAVE TO BE DRUG OR ALCOHOL TESTED?
After several significant transportation accidents, Congress passed the Omnibus Transportation Employee Testing Act of 1991, because they recognized the safety need for ensuring drug- and alcohol-free transportation employees. The "Act" required DOT Agencies to implement drug testing of safety-sensitive transportation employees in the aviation, trucking (including school bus drivers, and certain limousine and van drivers), railroads, mass transit, and pipelines industries. In 1994, DOT added alcohol-testing requirements to its regulations to test truck drivers who may be responsible for the numerous trucking accidents every year.
WHICH GOVERNMENT AGENCY REGULATES TRUCKING?
The specific US Department of Transportation agency covering the trucking industry and truck drivers is the Federal Motor Carrier Safety Administration (in short, FMCSA). Regulations spell out whom is subject to testing, when and in what circumstances. The commercial truck driver is covered. Truck driver employers must implement specific regulations required by the agency and truck drivers are required to adhere and comply with the specific regulations.
A TRUCK DRIVER MUST COMPLY WITH DOT’S DRUG/ALCOHOL TESTING POLICIES AND REGULATIONS.
A truck driver performs safety-sensitive functions in the transportation industry, which activities are regulated by the government. Truck drivers are responsible for providing a safe work environment co-workers and the traveling public. Creating a safe work environment not only means following established work rules but also following the Department of Transportation's rules on drug use and alcohol misuse. Prevention of truck accidents is key.
Pre-employment testing
The truck driver must submit to testing prior to being hired or before being transferred into a safety-sensitive function. Driving is a safety-sensitive function.
Random testing
Truck drivers are usually tested randomly at different intervals during the year. This means unannounced testing on an ongoing basis, spread reasonably throughout the calendar year, using a scientifically valid method in which each covered employee (truck driver) has an equal chance of being selected for testing. Owner-operators of 18-wheeler trucks, not leased to a motor carrier, are required to belong to a consortium to satisfy the random testing requirement.
Post-accident testing
Truck drivers are usually tested following a truck or 18-wheeler accident.
Reasonable-Suspicion testing
If there is reasonable suspicion that the truck driver is under the influence of drugs or alcohol, or shows signs of drug abuse and/or alcohol misuse, the truck driver will be asked to submit to drug or alcohol testing.
Return-to-duty and Follow-up testing
This occurs in two situations. The truck driver will be tested again for verification when he or she tests positive for drug or alcohol, or when he or she refused to test. The truck driver must take a DOT return-to-duty test prior to returning to his/her driving functions. The truck driver employee will be subject to a minimum of 6 unannounced follow-up tests in the first 12 months. Depending on the Substance Abuse Professional's recommendations, follow-up testing may occur for up to 60 months.
WHAT TO DO IF THE TRUCK DRIVER FEELS THE TEST IS UNWARRANTED
A good rule of thumb for a truck driver is "comply, then complain." If you are a truck driver and you are instructed to submit to a DOT drug and/or alcohol test and you don't agree with the reason or rationale for the test, take the test anyway. Do not interfere with the testing process or refuse the test. Instead, after the test express your concerns about the testing event to your employer (for example, a detailed letter to your trucking company or by an agreed upon grievance procedure if you are a member of labor organization). You can also express your concern to the Drug and Alcohol Program Manager (DAPM) for the DOT agency that regulates you and your employer. The FMCSA Division Offices in Texas are:
FMCSA Division Offices PhoneFax
Austin (512) 536-5980(512) 916-5980
Brownsville (956) 541-5894(956) 982-0741
Eagle Pass (830) 757-6749 (830) 757-9097
El Paso (915) 593-8574(915) 594-8857
Fort Worth (817) 978-3225 (817) 978-4666
Laredo (956) 712-1385(956) 723-1479
McAllen (956) 683-0181 (956) 683-7280
Roma (956) 847-7209 (956) 847-7409
Truck drivers are tested for drugs by urine sample. A urine specimen is collected and then sent to a certified laboratory for analysis. Instant testing devices are not DOT authorized. Only urine specimens are authorized for DOT testing. Truck drivers are tested for alcohol through breath or saliva analysis for the initial screening and then breath analysis for the confirmation tests. The specimen must be collected and analyzed through an approved alcohol-testing device.
The samples will be tested for the following drugs:
•Marijuana
•Cocaine
•Opiates (Codeine, Morphine, Heroin)
•Phencyclidine (PCP)
•Amphetamines/Methamphetamines
For more information, visit the U.S. Department of Transportation website (www.dot.gov)
2009 DEATHS DUE TO ALCOHOL RELATED CAR OR TRUCK ACCIDENTS IN TX
•613 DUI drivers killed
•163 passengers in vehicles driven by DUI drivers killed
•132 persons killed in vehicles not driven by the DUI drivers (other casualties)
•48 pedestrians and pedalcyclists killed
For more information about car accidents or truck accidents or crashes, see graph below and check Texas Department of Transportation DUI or Alcohol Related Crashes.
TOTAL: 956 people died
FORT WORTH
5601 Bridge St., Suite 300
Fort Worth, TX 76112
By appointment only
AUSTIN
The Frost Bank Towers
401 Congress Ave., Suite 1540
Austin, TX 78701
By appointment only
ADDISON
5057 Keller Springs, Suite 300
Addison, TX 75001
By appointment only
HOUSTON
1200 Smith St #1600
Houston, TX 77002
By appointment only
SAN ANTONIO
111 Soledad Street, Suite 300
San Antonio, TX 78205
By appointment only
DALLAS
Cityplace Tower
2711 N. Haskell Ave., Suite 550
Dallas, TX 75204
By appointment only