Over-the-Counter Drug Use and Truck Accidents

Truck accidents in East Tennessee may result in catastrophic injuries to multiple people driving or walking in the area around the collision. Although there are numerous safety regulations that truck drivers must follow, many drivers fail to follow these rules, and their employers do not always enforce them. Moreover, many commercial drivers are monitored for illegal drug use (involving cocaine, methamphetamine, speed, or marijuana) but not for over-the-counter drug use. If you are hurt in a truck accident, the Hartsoe Law Firm has a 24-hour accident reconstruction team on standby that we can dispatch to the scene to determine the cause. Maryville truck accident attorney Mark Hartsoe can help you bring a claim for compensation if you were harmed by a trucker’s improper drug use.

Over-the-counter drug use may seriously impair a driver's ability to operate a large truck. A side effect of many over-the-counter drugs and prescription drugs, such as antihistamines or cough medicine, is drowsiness. When they are operating commercial vehicles, drivers should be fully alert. If they are drowsy, their reaction time may be significantly slowed. This may result in a failure to brake in time, jackknifing, or a failure to use reasonable care when making wide turns. Any of these situations may result in catastrophic injuries. A driver who fails to use reasonable care on the road may be held liable under a theory of negligence if that failure causes harm to others.

Truck drivers should be aware of the importance of staying alert on the road and avoiding medications that could impair their ability to operate a vehicle. Unfortunately, some trucking companies put excessive pressure on drivers to meet tight deadlines and drive even when they are not well. A trucking company may be held accountable for an accident under a direct or indirect theory of liability. A truck driver who takes over-the-counter drugs while on the road working for an employer is doing so in the course and scope of employment, and their employer may be held vicariously (indirectly) liable for their actions.

Trucking companies should also be aware of the medical history of the drivers whom they hire. A failure to conduct appropriate background checks and make sure that their drivers are fit to operate heavy machinery may expose a trucking company to direct liability for a driver's accident under a theory of negligent supervision, negligent training, or even negligent hiring.

It is important to retain a truck wreck attorney who can look into the possibility of over-the-counter drug use or prescription drug use as the potential cause of a crash. Not all personal injury attorneys are familiar with the trucking industry and the strategies that trucking companies and insurance companies may use to avoid liability. In some cases, a truck driver may even lie about their over-the-counter drug use. You should choose truck crash attorney Mark Hartsoe who will fully investigate all of the possible reasons for the accident and consider all of the available legal theories.

The trucking industry is often focused on profits rather than the safety of the people with whom they share the road. Maryville truck accident lawyer Mark Hartsoe may be able to sue a truck driver and their employer if you are hurt due to over-the-counter drug use by a driver. Call the Hartsoe Law Firm at 865-804-1011 or contact us via our online form to set up your free consultation. Motor vehicle collision attorney Mark Hartsoe represents injured people throughout East Tennessee, including in Knox, Blount, Monroe, Loudon, Jefferson, Grainger, Cocke, Campbell, Hamblen, Greene, Anderson, Cumberland, and Fentress Counties.