Study Finds Mandatory Alcohol Testing for Truck Drivers Has Paid Off

March 04, 2011

A study conducted by researchers at Columbia University found that mandatory alcohol testing of motor carrier drivers has resulted in a significant decrease in fatal crashes involving truck, bus and other commercial drivers and alcohol use. The study was published in the American Journal of Epidemiology.

This study was the first of its kind to provide empirical evidence that the 1995 federal regulations requiring those holding commercial driver's licenses to undergo mandatory testing for alcohol have had an impact on decreasing the incidence of multi-vehicle drunk driving accidents.

The researchers used crash data collected by the National Highway Transportation Safety Administration (NHTSA) from 1982 to 2006. During this timeframe, nearly 70,000 commercial vehicle drivers and 83,000 passenger vehicle drivers were involved in more than 66,000 fatal multi-vehicle crashes. The researchers found that in these accidents, 2.7 percent of the commercial carrier drivers and 19.4 percent of the passenger vehicle drivers were under the influence of alcohol at the time of the crash.

According to the study, the risk of being involved in a drunk driving accident with an intoxicated semi-truck or other commercial vehicle driver decreased by 23 percent after the implementation of the 1995 federal regulations. In addition, the study found that from 1982 to 2006, the prevalence of fatal crashes in which alcohol was a factor decreased by 80 percent for motor carrier drivers and 41 percent for non-motor carrier drivers.

Federal Alcohol Testing Requirements

The Federal Motor Carrier Safety Administration (FMCSA) adopted mandatory alcohol testing policies in 1995. Under the program, semi-truck and other commercial vehicle drivers may be subjected to several types of mandatory alcohol testing, including tests that may be ordered by an employer or supervisor who has reasonable suspicion to believe the driver has consumed alcohol. Other times when commercial drivers are required to submit to alcohol testing include:
- During pre-employment screening
- After an accident
- On a random basis
- When a driver returns to work after a prior suspension for violating alcohol policy

Under federal regulations, commercial drivers with a blood alcohol concentration (BAC) of 0.02-0.03 are removed from duty for 24 hours. Drivers with a BAC of 0.04 or greater are suspended immediately and cannot return to service until they have been evaluated by a substance abuse professional, completed any required treatment program and passed a subsequent alcohol test. Each year, an estimated 500,000 mandatory alcohol tests are preformed on commercial drivers.

The 1995 regulations have been considered controversial, especially by the trucking industry, in large part due to privacy concerns. The regulations also have been criticized because previously there had been no evidence that the testing had any impact on reducing the number of drunk driving accidents. The findings of the Columbia study, however, show that the regulations have achieved their purpose to make the roads safer.

Drunk Driving Accidents are More Than a Mistake

Drivers who decide to operate a motor vehicle after drinking do more than just make a mistake - they make a conscious decision that may cost someone else's life. According to NHTSA, almost 40 percent of all fatal motor vehicle accidents in the U.S. involve a drunk driver. In 2008, nearly 14,000 people lost their lives in a drunk driving accident.

Under California law, those who have been injured in an accident have the right to hold those who harmed them responsible by filing a civil lawsuit. In a successful civil claim, drunk driving accident victims may be entitled to recover monetary compensation for their losses, including medical expenses, lost wages, loss of earning capacity, permanent disability and disfigurement, and pain and suffering.

In cases in which a person died in a drunk driving accident or as a result of a drunk driver, then the surviving family members have the option of filing a wrongful death claim against the responsible driver. In a wrongful death action, the family may be able to recover compensation for funeral and burial expenses, medical expenses, loss of companionship and other significant losses.

While compensation cannot bring back a lost loved one, it can provide a means for holding the responsible driver accountable for their reckless decision to drive drunk. Filing a civil claim also may protect other innocent people from becoming a victim of the same driver.

For more information on your legal options following a motor vehicle accident, contact an attorney experienced in handling personal injury cases.

Article provided by Ashton & Price, LLP
Visit us at www.ashtonandprice.com