Truck crashes caused by impaired drivers often leave families in Fort Worth with devastating consequences. When a large commercial truck collides with a smaller vehicle, the results can include severe injuries, long recoveries, or even loss of life. People affected by these accidents often want accountability from the driver and the trucking company responsible. They also want a fair financial outcome that helps cover medical care, missed work, and other lasting effects.
Holding those at fault accountable requires an experienced legal team that knows how to investigate and prove impairment. If you or a loved one were harmed due to truck driver drug and alcohol use in Fort Worth, TX, you can contact a Texas truck accident lawyer near you for a free consultation to discuss your case and your next steps.
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Key Takeaways: Fort Worth Intoxicated Truck Driver Claims
- Federal regulations prohibit commercial truck drivers from operating vehicles with a blood alcohol concentration of 0.04% or higher, which is stricter than the standard 0.08% limit for passenger vehicles
- Texas law holds trucking companies liable when they fail to conduct proper drug and alcohol testing or hire drivers with known substance abuse issues
- Truck accidents involving impaired drivers often result in catastrophic injuries due to the size and weight of commercial vehicles
- Victims of accidents caused by impaired truck drivers may be entitled to compensation for medical expenses, lost wages, pain and suffering, and punitive damages
- Evidence of drug or alcohol use must be preserved quickly after an accident, as toxicology results and driver logs can be crucial to building a strong case
What Are the Federal Regulations for Truck Driver Drug and Alcohol Use?
Federal rules set by the Federal Motor Carrier Safety Administration (FMCSA) regulate truck driver behavior and drug testing procedures to protect public safety. These laws create strict standards for drivers and their employers to reduce the risk of substance-related crashes.
FMCSA Drug and Alcohol Testing Requirements
The FMCSA requires trucking companies to test commercial drivers at several points throughout their employment. Tests occur before hiring, after crashes, at random intervals, and when there’s reason to suspect drug or alcohol use. Carriers must also maintain records of these tests and report violations to the Drug and Alcohol Clearinghouse.
Prohibited Substances Under DOT Regulations
The U.S. Department of Transportation (DOT) bans the use of specific substances for all commercial drivers:
- Marijuana: Even if legal under state law, it remains prohibited for CDL holders.
- Cocaine: Any trace found in testing disqualifies a driver from operating a commercial vehicle.
- Opioids: Use is banned unless prescribed by a physician familiar with DOT medical guidelines.
- Amphetamines: Drivers cannot use these unless medically cleared and documented.
- Alcohol: Any measurable amount while operating a truck violates federal standards.
Blood Alcohol Concentration Limits for Commercial Drivers
Federal law allows a maximum blood alcohol concentration (BAC) of 0.04% for commercial truck drivers. This is half the limit for non-commercial drivers in Texas. A driver testing at or above that level faces immediate suspension and potential disqualification of their commercial driver’s license (CDL).
How Does Texas Law Address Impaired Truck Drivers?
Texas law adds another layer of accountability for truck drivers who operate under the influence. The Texas Transportation Code and criminal statutes both apply to impaired driving cases involving commercial vehicles.
Texas Transportation Code Provisions for Commercial Vehicles
The Texas Transportation Code mirrors federal standards by setting the BAC limit at 0.04% for CDL drivers. The state also requires truck drivers to submit to testing after crashes that involve injury, death, or property damage. Refusing testing can lead to immediate suspension of a CDL.
Criminal Penalties for DWI in Commercial Vehicles
Operating a commercial truck while intoxicated is treated as a serious offense in Texas. Convicted drivers face penalties including jail time, fines, and a CDL suspension for at least one year. Repeat offenses can lead to permanent disqualification.
Administrative License Suspension for CDL Holders
Even without a criminal conviction, the Texas Department of Public Safety can suspend a CDL through an administrative process. A driver who fails or refuses a drug or alcohol test can lose driving privileges quickly, which affects their ability to work.
Texas Dram Shop Laws and Third-Party Liability
Texas allows injured parties to hold bars or restaurants accountable when they overserve visibly intoxicated individuals who later cause harm. These dram shop laws can apply in truck accident cases when an establishment knowingly serves alcohol to a commercial driver.
What Types of Drug and Alcohol Tests Are Required for Truck Drivers?
Trucking companies must perform specific tests to comply with FMCSA and DOT rules. These tests help identify drivers who pose safety risks and ensure only qualified drivers remain on the road.
Pre-Employment Testing
Every driver must pass a drug test before starting work for a trucking company. This rule ensures employers verify a clean record before a driver operates a commercial vehicle.
Random Drug and Alcohol Screening
Companies must test a percentage of drivers randomly each year. The selection process must be unpredictable and unannounced to discourage ongoing substance use.
Post-Accident Testing Requirements
When a truck crash results in injury, death, or significant property damage, post-accident testing is mandatory. This testing helps determine whether drug or alcohol use contributed to the collision.
Reasonable Suspicion Testing
Supervisors trained to identify signs of impairment can require testing when a driver shows unusual behavior, slurred speech, or poor coordination.
Return-to-Duty and Follow-Up Testing
After a driver fails a test or violates rules, they must complete an evaluation and treatment program. Only then can they return to work, and they must undergo follow-up testing to confirm ongoing compliance.
Who Can Be Held Liable When an Impaired Truck Driver Causes an Accident?
Responsibility for a crash often extends beyond the driver. Multiple parties may share blame depending on the circumstances surrounding the collision.
Truck Driver Liability
A driver who chooses to operate while impaired violates both state and federal law. That individual may face criminal penalties and civil liability for resulting harm.
Trucking Company Negligence and Vicarious Liability
Employers can also be held responsible when they fail to conduct proper testing, ignore warning signs, or hire drivers with prior drug or alcohol violations. Under vicarious liability principles, companies may also bear financial responsibility for their driver’s negligence.
Third-Party Liability for Bars and Restaurants
If an establishment overserves a driver who later causes a crash, it may share liability under Texas dram shop laws. Proving this connection requires evidence that the driver appeared visibly intoxicated when served.
Maintenance Companies and Other Parties
Sometimes, maintenance contractors or other third parties contribute to an accident by failing to keep vehicles in safe condition. If mechanical failure combines with driver impairment, multiple defendants may share fault.
What Evidence Is Needed to Prove Drug or Alcohol Use in a Truck Accident Case?
Building a strong claim requires detailed evidence gathered soon after the crash. This documentation supports allegations of impairment and helps demonstrate negligence.
Toxicology Reports and Blood Alcohol Test Results
Lab results from the driver’s post-accident testing often provide the clearest proof of intoxication. These records must be requested quickly to prevent loss or alteration.
Electronic Logging Device (ELD) Data
An ELD tracks hours of service, speed, and rest periods. When analyzed, this data can show fatigue patterns or violations that accompany drug or alcohol use.
Driver Qualification Files and Employment Records
These files reveal a driver’s history, including prior violations, training records, and medical certifications. A history of substance abuse or failed tests may strengthen the case against the trucking company.
Witness Statements and Police Reports
Eyewitness accounts and officer observations recorded at the scene help establish driver behavior, such as erratic movement or slurred speech.
Video Footage and Accident Reconstruction
Traffic cameras and nearby surveillance footage can show how the crash occurred. Accident reconstruction experts use this data to explain how impairment contributed to the collision.
What Damages Can You Recover After an Accident With an Impaired Truck Driver?
Victims of impaired driving crashes often suffer both financial losses and lasting personal harm. Compensation helps address the many ways an accident affects daily life.
Economic Damages
These include measurable financial losses such as hospital bills, ongoing medical treatment, rehabilitation, and lost income. Future earning potential may also factor into this category.
Non-Economic Damages
Non-economic losses account for the personal toll of the accident, such as pain, loss of enjoyment of life, and emotional distress caused by lasting injuries.
Punitive Damages in Cases of Gross Negligence
When a driver’s conduct shows reckless disregard for others’ safety, courts may award punitive damages. These are meant to punish extreme negligence and deter similar behavior.
How Long Do You Have to File a Truck Accident Claim in Texas?
The statute of limitations gives you two years from the date of the accident to file a lawsuit. Missing this deadline typically prevents recovery through the court system.
Exceptions That May Extend or Shorten the Deadline
Some situations change this time limit. For instance, claims involving minors or government entities may have different filing periods.
Claims Against Government Entities
When a government employee or agency plays a role in a truck accident, special rules apply under the Texas Tort Claims Act. These cases might involve city or county trucks, maintenance vehicles, or public contractors operating under government contracts.
The timeline to notify the government is much shorter than the standard two years. Victims must provide written notice of a claim within six months of the accident, Some local governments, like the City of Fort Worth, have even shorter deadlines, sometimes as little as 90 days.
Why Acting Quickly Is Critical in Truck Accident Cases
Evidence such as toxicology reports, ELD data, and driver logs can disappear quickly. Prompt action allows your legal team to collect records before they’re lost or destroyed.
How Our Attorneys Can Help
The legal team at Stephens Law understands the devastating impact of truck crashes involving impaired drivers. We investigate each case thoroughly to uncover every contributing factor and hold all negligent parties accountable.
Our team gathers and analyzes evidence such as toxicology results, black box data, and employment records to build a solid foundation for your claim. We handle communication with insurance companies that often try to minimize payouts or shift blame. If settlement negotiations fail due to unfair tactics, our attorneys are prepared to take the case to trial and present your story before a jury.
Throughout the process, we keep you informed, answer your questions, and guide you toward a resolution that reflects the losses you’ve experienced.
Frequently Asked Questions About DUI Truck Crashes
Can a truck driver be fired for failing a drug test?
Yes. Federal law requires employers to remove any driver who fails a drug or alcohol test from safety-sensitive duties immediately. The driver can only return to work after completing a rehabilitation process and passing a return-to-duty test.
What happens if a trucking company fails to drug test its drivers?
Companies that ignore mandatory testing face severe penalties, including fines and potential loss of operating authority. They may also be held liable if one of their drivers causes an accident while impaired.
Are marijuana use and CBD legal for truck drivers in Texas?
No. Federal law prohibits commercial drivers from using marijuana in any form, even if it’s legal under state law. CBD products can also pose a risk since some contain trace amounts of THC that lead to failed drug tests.
How common are drug and alcohol violations among truck drivers?
According to FMCSA data, thousands of violations are reported each year through the Drug and Alcohol Clearinghouse. Alcohol, marijuana, and cocaine remain the most frequently detected substances among CDL holders.
Can I still recover compensation if the truck driver wasn’t arrested for DWI?
Yes. Civil liability doesn’t depend on criminal charges. Even without an arrest, evidence such as toxicology results or witness statements can prove impairment and support your claim.
Contact Our DUI Truck Accident Lawyers in Fort Worth Now
Truck accident cases involving drug or alcohol use require immediate attention to preserve key evidence. The sooner you contact Stephens Law, the sooner we can begin investigating the cause and identifying all responsible parties.
Our legal team has extensive experience handling truck crash cases throughout Fort Worth, including areas like the West 7th district, Riverside, and near I-35W. We offer free consultations and only collect fees if we recover funds for your losses. Contact us today for a no-cost case evaluation.
Stephens Law Truck Accidents
1300 S University Dr # 300
Fort Worth, TX 76107
(817) 420-7000
