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Truck Driver Drug Use in Indiana and Illinois: High Risk of a Fatal Truck Crash Caused by Impaired Trucker

Earlier this month there was another horrible semi-truck crash tragedy here in Indiana, as four young children died in a fiery crash on Interstate 70 near Cambridge City.  The victims, ranging in age from 6 years old to 15 years, were siblings and passengers in a car being driven by their father, who miraculously survived the accident.

These four kids heartbreakingly lost their lives when a tractor-trailer truck slammed into their car, forcing it forward into a collision with another semi-trailer.  The force of impact was so great that their car burst into flames.  The driver-father was pulled from his vehicle by a Good Samaritan on the scene, and it is reported that he suffered severe bodily injuries.  His four children could not be saved. 

For details on this tragic truck accident, read:  “4 children die when semi slams into car on Indiana highway,” published by the Associated Press on July 10, 2020; “Trucker charged with drug use before Indiana crash killed 4,” published by the Associated Press on July 14, 2020; “Tragedy on I-70: Documents show truck driver never stopped before hitting car with four children inside,” written by Tom Maccabe and published by The Indy Channel on July 14, 2020; and “Exclusive: Owner knew drug history of trucker charged in deadly I-70 crash,” written by Clarissa Hawes and published by Freight Waves on July 15, 2020. 

This event exemplifies the preventable truck accident which causes the untimely and unjust death of its victims.  Several known fatal crash dangers were evident in this event:

1.  Danger of Fatal Crash in Highway Construction Work Zone

First of all, the collision took place in a highway construction zone on I-70.  Accordingly, traffic was slowing down for the work zone – including the victims’ car.  However, the tractor-trailer truck did not slow down for the construction area.  Both witnesses and the rig’s GPS system confirmed that it continued to move eastbound along the interstate at 72 mph, ignoring the work zone warnings.

This truck driver failed to respect the highway work zone and crashed full speed into their vehicle.

For more on the risks of a serious or fatal crash in a work zone, read:

2.  Danger of Fatal Crash When Truck Driver under the Influence of Drugs

Secondly, this truck driver was driving while under the influence (DUI).  He has been arrested and charged in Wayne County for nine (9) felonies that include: (1) driving while intoxicated causing death; (2) reckless homicide; and (3) driving while intoxicated and causing serious bodily injury.  By the latest news reports, the driver has been released on bail.

Shortly after the collision, the truck driver tested positive for marijuana (THC); ecstasy (MDMA); and amphetamines.

For more on the dangers of a trucker driving his or her rig while under the influence of drugs or alcohol, read:

3. Danger of Failure of Employer to Prevent Impaired Trucker from Driving

Shockingly, it has been reported this truck driver’s employer knew of this truck driver’s past history of drug use, including his criminal convictions involving drugs.  This trucker was still on probation on Ohio charges of aggravated possession of drugs at the time of this fatal crash.  His past documented criminal drug use includes heroin possession.  He was nevertheless allowed to drive that semi-truck on I-70 on the day of this horrible tragedy.

Trucking industry management has a duty to keep impaired drivers off the road.  This truck driver’s employer has acknowledged in news reports to being aware of this driver’s history of drug use and criminal drug history. 

For more on employers’ duty to monitor and oversee their drivers, read:

New Study: Hundreds of Thousands of Drug Impaired Truck Drivers on our Roads

The Trucking Alliance funded a research study into the issue of commercial truck driver drug use and determining how many truckers are driving impaired in this country.  Would different testing make a difference in understanding the scope of truck driver drug use in the United States?

This month, University of Central Arkansas (UCA) professors Doug Voss and Joe Cangelosi published their results in a 33-page report entitled “Drug Testing In The U.S. Trucking Industry: Hair Vs. Urine Samples And The Implications For Policy And The Industry,” to be published in the July 2020 issue of the Journal of Transportation Management.

The researchers considered the accuracy of urine tests versus hair follicle testing for truckers in order to determine drug use in violation of trucking safety standards.  Currently, the Federal Motor Carrier Safety Administration (FMCSA) requires urinalysis screens for commercial motor vehicle operator drug usage. Hair follicle testing is not required by law.  It is recognized to be much more accurate than urine testing.

What if the more stringent hair follicle testing were instituted in the trucking industry?  From the UCA report, page 18, comes the following warning: “…around 275,000 drivers would not be able to hold a safety sensitive occupation if they were forced to pass a hair drug test.”

In other words, should truckers be required to undergo hair follicle testing for drug use, nearly 300,000 truck drivers would not be allowed behind the wheel.

This new study warns us that there are literally hundreds of thousands of truckers on the road today who would fail a drug test if their hair was tested in a more accurate hair follicle test.

Shocking?  These UCA results were investigated by independent studies by the Trucking Alliance, and the results confirmed the UCA results.  For details, read “Explosive study reports 300,000 truckers would be out of a job if FMCSA mandates hair testing,” written by Summer Smith and published by CDL Life on July 16, 2020 and “Hair Testing Could Take Nearly 300,000 Truck Drivers Off the Road,” written by Deborah Lockridge and published by HeavyDutyTrucking on July 10, 2020.

Drugs and Fatal Semi-Truck Crashes in Illinois or Indiana

Here in Indiana and Illinois, we routinely share our roads with all sorts of large trucks as we drive through the “Crossroads of America.”  As we drive the traffic lanes of routes like the Borman Expressway, there will be a variety of big rigs, semi-trucks, tractor-trailers, and 18-wheelers, driving alongside us. 

These huge machines will be heavy with cargo and driving at speeds exceeding 60 mph.  Each of us depends upon that commercial truck driver to be alert, responsible, healthy, and safe.  See, “Semi Trucks and Big Rigs: High Indiana and Illinois Commercial Truck Traffic Creates Dangerous Conditions.” 

The sheer volume of semi-truck traffic in our locale increases our risk of a serious or fatal truck crash, of course.  However, the risk of a fatal semi-truck crash in Indiana and Illinois skyrockets when the likelihood of the trucker driving impaired and under the influence of drugs is considered alongside that high traffic volume.

The July 2020 I-70 truck crash is a heart-wrenching tragedy for every Hoosier.  It is also serves as a warning that we must all be alert to the reality that a great many truckers are driving while using drugs. 

As the new research confirms, hundreds of thousands of truck drivers may be driving impaired and illegible to be behind the wheel if they were subjected to hair follicle testing. 

Negligence, negligent supervision, product liability, workers’ compensation, and wrongful death laws exist in both Indiana and Illinois for those who become victims of a truck crash.  Sadly, until the trucking industry can better control drug usage among its truck drivers, there will be victims and their loved ones who will be forced to seek claims for justice under these laws in the aftermath of a preventable tragedy.

For more on fatal semi-truck crashes, read:

Indiana and Illinois have more commercial truck traffic on their roads than almost any other part of the country, as they are located in the “Crossroads of America.”  The danger of a semi-truck crash caused by a drug-impaired truck driver is therefore much greater for all of us and our loved ones.  Please be careful out there! 

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If you or a loved one has been seriously injured or killed due to the wrongful acts of another, then you may have a legal claim for damages as well as the right to justice against the wrongdoer and you are welcomed to contact the Northwest Indiana and Chicagoland personal injury lawyers at Allen Law Group to schedule a free initial legal consultation.

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