Scary Road Reality: Drunk Driving Not Limited to Passenger Vehicles

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Explore:  DUI

A recent discovery of a bottle of vodka in the cab of a garbage truck after an accident on Interstate-75 highlights a scary reality for drivers on the road: Even industrial truck drivers sometimes drive while under the influence. On the afternoon of November 2, 2013, an Atlanta, GA, garbage truck rolled over after its driver, Atlanta public works employee Melvin Callahan, swerved to exit the interstate, losing control of his vehicle. His passenger, 56-year-old Derryl Simmons, was ejected from the truck and killed. Authorities are now certain alcohol played a role in the accident and Callahan faces several serious charges, including first-degree homicide by a vehicle, driving under the influence (DUI), and reckless driving. Even more disturbing is the fact that Callahan had at least one prior arrest for a DUI in 2011.

Legal protections are in place designed to prevent these kinds of tragedies. Both the federal Department of Transportation and the United States Coast Guard require drug and alcohol testing for certain employees in several types of professions, including both the public transit and trucking industries. Furthermore, employers are required to make sure that the necessary testing occurs. When an employee tests positive for drugs or alcohol by 0.04 percent or greater, that employee must be removed from performing any safety-sensitive functions. Importantly, that employee cannot return to those functions until that employee has, among other requirements, been evaluated by a substance abuse professional and completed required treatment.

When a trucking accident occurs due to alcohol or drug use, both the employee and the employer can be held liable for the injuries, especially if the employer ignored signs of substance abuse. This is because employers have a duty not to hire, entrust or employ individuals who they know or have reason to know are likely to cause harm to others.

If you or someone you love has been injured in a trucking accident and you suspect alcohol or drugs were a cause, it is imperative to contact a skilled and experienced Pittsburgh truck accident injury attorney as soon as possible.

- See more at: http://www.mcclellandlawgroup.com/2014/01/20/scary-road-reality-drunk-driving-not-limited-to-passenger-vehicles/#sthash.1NtQxtlJ.dpuf

A recent discovery of a bottle of vodka in the cab of a garbage truck after an accident on Interstate-75 highlights a scary reality for drivers on the road: Even industrial truck drivers sometimes drive while under the influence. On the afternoon of November 2, 2013, an Atlanta, GA, garbage truck rolled over after its driver, Atlanta public works employee Melvin Callahan, swerved to exit the interstate, losing control of his vehicle. His passenger, 56-year-old Derryl Simmons, was ejected from the truck and killed. Authorities are now certain alcohol played a role in the accident and Callahan faces several serious charges, including first-degree homicide by a vehicle, driving under the influence (DUI), and reckless driving. Even more disturbing is the fact that Callahan had at least one prior arrest for a DUI in 2011.

Legal protections are in place designed to prevent these kinds of tragedies. Both the federal Department of Transportation and the United States Coast Guard require drug and alcohol testing for certain employees in several types of professions, including both the public transit and trucking industries. Furthermore, employers are required to make sure that the necessary testing occurs. When an employee tests positive for drugs or alcohol by 0.04 percent or greater, that employee must be removed from performing any safety-sensitive functions. Importantly, that employee cannot return to those functions until that employee has, among other requirements, been evaluated by a substance abuse professional and completed required treatment.

When a trucking accident occurs due to alcohol or drug use, both the employee and the employer can be held liable for the injuries, especially if the employer ignored signs of substance abuse. This is because employers have a duty not to hire, entrust or employ individuals who they know or have reason to know are likely to cause harm to others.

Topics:  DUI

Published In: Personal Injury Updates