Tennessee Truck Injury Lawyer & Attorney : Morgan Adams : Trucking Accident, Truck DUI DWI, Semi-Truck Accidents

Current DOT drug tests can be beaten, easily, by truck drivers. In fact even if all the procedures are followed urine samples can be switched, at least that is what the Drug and Alcohol Testing Association has stated. I would list the various ways to cheat but that has already been supplied to truck drivers in the April 14, 2008 issue of Transportation Topics. They even listed the name of the product to use, which would allow driver's to find it on Google, to avoid having a positive drug test. No kidding. You just can't make this stuff up.

 A better method, and less invasive, would be simply to test hair samples. This test can determine drug use over the period of time it took the hair to grow. Another method, the saliva test, can determine some drug use within a 24 hour period. The best result for the public would be a combination of the tests, but no one at this time, even safety groups, appears to be advocating for that at this time.

What is clear from the above is that the urine tests currently administered can easily be beaten. There are better methods available to detect drug use, and the failure to have better testing allows drugged up drivers on the road.

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Staff writer Ben Benton of the Chattanooga Times Free Press reported Thursday, April 12, 2008, on the statistics from the Tennessee Industry Road Block at Monteagle, Tennessee. The Roadblock was run by the Tennessee Highway Patrol's Commercial Vehicle Division. The results?

1. 2310 Trucks went through the inspection site in the time the roadblock was set up.
2. 41 trucks were inspected (my calculation shows that is 1.8 percent of the trucks)
3. 12 trucks were removed from the road (apparently for mechanical/equipment issues)
4. 3 drivers were removed from the road for violations (typically hours of service violations but the article didn't say)

Thus out of 41 trucks inspected 15 were on the road in violation of regulations ranging from being overweight (which means the truck can't stop as fast as a properly loaded truck and other problems associated with exceeding the design capacity of the truck) to an airline problem which could eliminate braking capacity for a tractor trailer (truck brakes are typically air brakes). This is a 36.5% failure rate of inspected trucks.

What does a 36.5% failure rate mean? The article states "more than 9 million trucks" pass through Tennessee. Given that number, and a 36.5% failure rate, that means 3,285,000 trucks IN TENNESSEE ALONE shouldn't be on the road. Perhaps what is worse a trucking company official, who was also present with Mr. Benton and quoted for the article, stated "Everything the Troopers do on inspections is what the driver should do every morning before he leaves." This means the companies either fail to train the drivers in how to do a proper FMCSR pretrip inspection or the company has fostered a safety attitude that allows the driver to believe he can get away with a poor inspection.

The implications for Tennessee, and the rest of the country, are serious. Trucking companies must crack down on safety issues within their fleets before more tragedies occur. It is far cheaper to conduct a proper inspection than it is to deal with litigation after a collision caused by a problem that should have been corrected before the truck left the terminal.

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I just returned from a presentation by DriveCam www.drivecam.com that could really help trucking companies reduce claims AND eliminate risky drivers from their fleet. DriveCam works much like an event data recorder discussed in prior blogs. Essentially it is a camera mounted in the cab of the truck that will retain several seconds of video of both the driver and what is in front of the truck before and after an emergency event like hard braking, swerving, collision, etc... The information is automatically transmitted, wirelessly, to DriveCam headquarters for a safety analysis and then on to the trucking or bus company. Companies can then look at the data, EVEN IF THERE IS NOT A WRECK, to see what if any driver errors there were in creating the emergency situation. Was the driver following too close? Did a car swerve in front of them and cut them off? DriveCam allows company officials to review and to recognize safe drivers for preventing accidents and penalize dangerous drivers for causing accidents.

If DriveCam data exists it will immediately prove, or disprove, the cause of a collision. Juries will no longer have a he said, she said, situation in court. Trucking companies will either have a defense or will be able to admit liability, and accept responsibility,  for what happened without the burden and expense of a trial. It would appear that everyone would benefit.

I realize that some drivers may feel big brother has entered the cab. I would love to hear from drivers who were saved from punishment or a lawsuit because of DriveCam proof as well as from any driver who feels they were punished unfairly by the DriveCam system.

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One of the most devastating injuries anyone can have, and still live, is a mild traumatic brain injury or TBI. This is sometimes referred to as post concussive syndrome.

In fact, there is nothing "mild" about a TBI. If you or someone you love has this type of damage to the brain you know what a problem it causes within and without the family.

There is greater chance that a person involved in a collision with a tractor trailer will receive a TBI than in other, milder collisions, although it must be considered and evaluated in EVERY case involving a truck or a car wreck. Even mild impacts to the head can have devastating results. In fact there does not have to be a significant amount of damage to a car to cause a TBI. One of the greatest myths perpetuated by defense lawyers is that you can't have a TBI without a loss of consciousness. This is simply not true.

Many Dr's don't look for TBI it as it doesn't show up on an X-Ray, and it generally requires consultation with other experts. What should a family look for if they are concerned about a TBI in someone they love? Factors include:

1. Headaches
2. Dizziness
3. Diplopia (double vision of one or both eyes)
4. Fatigue
5. Irritability
6. Sleep Problems
7. Concentration Problems
8. Memory Problems
9. Problems involving stress, emotional, alcohol
10. Affect changes, anxiety, depression
11. Changes in personality
12. Apathy
13. Tinnitus (ringing in the ear)
14. Post Traumatic Stress Disorder

If any of these are noted after a collision, WHETHER OR NOT THERE WAS A KNOWN LOSS OF CONSCIOUSNESS, the treating doctor should be told as soon as possible. Even after the problem is diagnosed, treatment remains an issue. The Brain Injury Association of America has stated that:

The Centers for Disease Control and Prevention estimates that at least 5.3 million Americans currently have a long-term or lifelong need for help to perform activities of daily living as a result of a TBI.

According to one study, about 40% of those hospitalized with a TBI had at least one unmet need for services one year after their injury. The most frequent unmet needs were:

Improving memory and problem solving;
Managing stress and emotional upsets;
Controlling ones temper; and
Improving ones job skills.

TBI can cause a wide range of functional changes affecting thinking, language, learning, emotions, behavior, and/or sensation. It can also cause epilepsy and increase the risk for conditions such as Alzheimer's disease, Parkinson's disease, and other brain disorders that become more prevalent with age.

The national brain injury associations can be very helpful. One of them, The Brain Injury Association, can be reached at: www.biausa.org To read about someone who has had a TBI and provides insight , links, and other resources to those who have, or have had a loved one with a TBI, see secondchancetolive.wordpress.com

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