The Federal Motor Carrier Safety Administration (FMCSA) is a subdivision of the DOT that was established in 2000 to monitor and enforce safety regulations for truck drivers and the trucking companies that employ them. While laws prohibiting driving under the influence have existed for over 100 years, they haven’t always been successful in preventing truckers from following them. To combat this, the FMCSA has developed new methods of preventing truckers from operating a vehicle while intoxicated.
It’s no secret that DUIs contribute to a large percentage of motor vehicle accidents (and specifically driver deaths) nationwide. But as truck accident lawyers, we know that when the intoxicated driver drives a truck, the potential for catastrophic injuries is multiplied.
Phase Two of the Drug and Alcohol Clearinghouse Rule Went Into Effect in November
Since 2020, all trucking companies and owner-operators (truckers who own their own truck) have been required to register through a national database called the Drug and Alcohol Clearinghouse. This database informs employers if a commercial driver who is employed by them (or is applying to work for them) has been charged with DUI, has failed a drug or alcohol test, or is undergoing treatment for drugs and alcohol.
Until November 2024, the Clearinghouse offered a way for employers to check the drug and alcohol status of their employees and applicants, but it didn’t necessarily prevent truckers from obtaining, transferring, or renewing their CDLs. Because many truckers drive between states, or even internationally, some truckers could possibly renew or transfer their licenses in other states. The second phase of the Clearinghouse regulation allows state licensing agencies nationwide (such as the DMV) to access the database and requires them to deny truckers with drug and alcohol violations from retaining their license.
What Do Truck Drivers Have to Do to Get Their CDLs Back?
When a trucking company or state driver’s license agency checks the drug and alcohol status of an applicant or employed driver, the Clearinghouse will give one of two statuses for the driver – “prohibited” and “not prohibited.” If a trucker has a “prohibited” status, there is a return-to-duty process that they must complete before they recover their CDL license and get back on the road. The process typically requires that the trucker undergoes drug and alcohol counseling and takes an exam before they will be eligible to regain licensure. Once they do so, they will also have a probationary period that includes federally mandated drug tests.
Keep in mind that this process is to recover a truck driver’s Clearinghouse status, and it doesn’t exclude them from penalties they may face from a DUI. Furthermore, many states have instituted a lifetime licensure ban for truckers who have more than one DUI violation.
Does Colorado Have a Lot of Impaired and Drunk Drivers?
Sadly, Colorado has one of the highest rates of DUI in the country, ranking 6th amongst other states for DUI arrests. Over the past five years, Colorado has consistently made between 16,000 and 18,000 arrests, which is about 422 per 100,000 people.
Which Substances Are Most Often Abused by Truckers?
One of the many benefits of the Clearinghouse is that we now have new data that details how widespread drug and alcohol use is amongst truck drivers and which substances the public should be concerned about when truckers get behind the wheel. Since the institution of the Clearinghouse in 2020, the database has recorded that marijuana (with 171,270 positive tests) is by far the most common drug used by truck drivers who have been caught with a violation, followed by cocaine (47,237 positive tests) and methamphetamine (24,589 positive tests).
How Often Do Truck Drivers Get Drug Tested?
While federal regulations require that truck drivers get drug tested at least once per year, many truckers get tested much more frequently if they have faced a drug violation in the past or work for a trucking company that requires more frequent drug testing.
What Do I Do If I’m Hit By an Impaired Truck Driver in Colorado?
While the new regulations instituted by the FMCSA are generally considered a win by those who are put at risk by intoxicated truck drivers, as data has shown, there are still hundreds of thousands of impaired truckers who decide to get behind the wheel every year. Remember, the data compiled by the FMCSA only shows incidents that have been reported to the Clearinghouse. It does not account for truckers who haven’t been reported or truckers who drive impaired and have yet to be caught.
This is all to say that your risk of being hit by an impaired driver or even a sober truck driver in Colorado is still very real and when this happens, it’s important that you know which steps to take to ensure your safety and protect your chances of securing a fair settlement. Here’s what to do if you’ve been hit by a truck driver:
Call 911 and get to safety: Unless you’re in a rare incident where there are no injuries and only minimal damage, call 911 and ask for a paramedic, police, and fire department (if there is a risk of fire). If your injuries are life-threatening, seek medical attention right away and do not wait for police to arrive. If there are no injuries, call the local police number.
File a police report and document the scene: If you are safely able to do so without putting your health and safety at risk, document the crash site as thoroughly as possible. This may be through pictures, video, and witness testimony, but it’s most important that you also file a police report with the responding officer. When you do so, be very careful that you do not admit fault and only answer questions you are asked directly.
Seek medical attention as soon as possible: Regardless of the seriousness of your injuries, it’s imperative that you seek a medical evaluation. Many severe injuries including head or spinal trauma do not display symptoms within the first few days and can become much more serious if not immediately treated. A medical evaluation is also of the most important pieces of evidence you can have if you decide to pursue a personal injury lawsuit in Colorado.
Let Our Colorado Truck Accident Lawyers Help
One of the frustrating issues that truck accident victims face when filing a personal injury claim is that the trucking company they’re suing often has a million-dollar legal budget and can afford an entire team of lawyers to represent them. The good news is that Frank Azar Car & Truck Accident Lawyers is the largest injury law firm in Colorado, and should you hire us for your case, we can provide you with the skillset and resources that compare to some of the top law firms in the country. To get started, contact us at one of our multiple locations throughout Colorado. .
