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
  • Medical Malpractice - 24 Year Old College Student $4 Million
  • Wrongful Death - Tractor-Trailer Wreck $3.3 Million
  • Wrongful Death - 16 Year Old Boy $3 Million
  • Auto Accident - Rutherford County $3 Million
  • Wrongful Death & Personal Injury - Auto Accident $2.9 Million
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Client Testimonials

Helping the Injured Obtain Justice
  • We are very grateful.

    “What Mr. Clayton achieved on account of conquering numerous hurdles was beyond remarkable and we are very grateful.”

    - E.I.
  • They showed compassion and grit in a professional manner like no other law firm.

    “I would like to thank the law firm of Kinnard, Clayton & Beveridge for helping me and my family in our time of need. If any of our friends in Clarksville need help in a legal way, this is the firm to call in Nashville.”

    - P.L. & L.W.
  • Love this firm!

    “I was so pleased with all the help and attention to my needs. Very helpful and knowledgeable and I would recommend them to anyone.”

    - Constance
  • A trusted friend, part of the family.

    “Mary and team did an excellent job communicating with our family throughout the entire process. She is very knowledgeable with medical malpractice and I highly recommend her in the event you or a loved one is faced with a situation such as ours.”

    - N.O.
  • Wonderful experience. Knowledgeable and responsive!

    “Daniel spent ample time with my husband and I to walk through the process to ensure that we understood what was expected of us. Daniel and his staff were always prompt to respond and answer any questions we had.”

    - D.B.
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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 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, and Product Liability Litigation.

  • Best Lawyers
    Best Lawyers

    Randall Kinnard (since 1993), Daniel Clayton (since 2010), Mark Beveridge (since 2011) and Mary Ellen Morris (since 2017) have all been recognized for their legal skill and achievements.

  • Best of the Bar
    Best of the Bar

    Randall L. Kinnard, Daniel L. Clayton and Mark S. Beveridge have been named as 2020 “Best of the Bar” by Nashville Business Journal.

  • 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.

  • Top 100 Trial Lawyers
    Top 100 Trial Lawyers

    Randall Kinnard and Daniel Clayton have been voted to the list of the Top 100 Trial Lawyers by The National Trial Lawyers organization.

  • Super Laywers
    Super Laywers

    Mr. Kinnard, Mr. Clayton, and Mr. Beveridge have been voted to TN Super Lawyers®. This organization recognizes the top 5% of attorneys in their practice area.

  • 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.

  • AV Preeminent Rating
    AV Preeminent Rating

    Randall Kinnard, Daniel Clayton, Mark Beveridge, and Mary Ellen Morris have received the highest rating for legal excellence by Martindale-Hubbell.

  • 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.

  • Mark Beveridge - Medical Malpractice
    Mark Beveridge - Medical Malpractice

    Attorney Mark Beveridge has been named a Best Lawyers "Lawyer of the Year" in Medical Malpractice Law - Plaintiffs.

  • Mark Beveridge - Personal Injury
    Mark Beveridge - Personal Injury

    Attorney Mark Beveridge has been named a "Lawyer of the Year" by U.S. News - Best Lawyers in Personal Injury Litigation.

  • Mark Beveridge - Product Liability
    Mark Beveridge - Product Liability

    Attorney Mark Beveridge was named as "Lawyer of the Year" by Best Lawyers in the area of Product Liability Litigation - Plaintiffs in Nashville, TN.

  • Daniel Clayton - Product Liability
    Daniel Clayton - Product Liability

    Attorney Daniel Clayton was named a 2016 U.S. News - Best Lawyers “Lawyer of the Year” in Product Liability Litigation – Plaintiffs in Nashville, TN

  • Daniel Clayton - Medical Malpractice
    Daniel Clayton - Medical Malpractice

    Attorney Daniel Clayton was named a "Lawyer of the Year" by U.S. News - Best Lawyers in the area of Medical Malpractice Law - Plaintiffs in Nashville, TN

  • Daniel Clayton - Medical Malpractice
    Daniel Clayton - Medical Malpractice

    Attorney Daniel Clayton was named a "Lawyer of the Year" by U.S. News - Best Lawyers in the area of Medical Malpractice Law - Plaintiffs in Nashville, TN

  • Litigation Counsel of America
    Litigation Counsel of America

    Randall L. 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.

  • International Academy of Trial Lawyers
    International Academy of Trial Lawyers

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

  • Primerus
    Primerus

    The firm is a member of the International Society of Primerus Law Firms – a society of top-rated, independent, boutique law firms committed to professional excellence.

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Why Choose Kinnard, Clayton & Beveridge?

  • 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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