Our attorneys at Maison Law stand up for the rights of victims who have suffered due to truck accidents in California. We help individuals and their families hold parties accountable for truck accidents, such as truck drivers and large trucking companies. To find out how you can move forward with a California truck accident claim after an accident caused by intoxication or any other reason, contact a skilled personal injury lawyer as soon as possible. It’s a beneficial way to seek justice that comes with no upfront cost to you.
Do You Need a Lawyer After a California Truck Accident?
Because truck accidents tend to involve severe injuries and immense property damage, it can be beneficial to speak with a lawyer following any type of truck accident in California. Even if you believe that you can handle your claim on your own, you may run into complex issues determining liability or dealing with big-name insurance companies who do not have your best interests in mind.
It is crucial that you have the assistance of a lawyer on your side if the following statements are true regarding your truck accident:
- Your accident led to injuries, especially those in need of hospital stays or follow-up care
- Your accident was partially or completely caused by another party’s negligence
- You have missed out on time at work due to your injuries
- Your life has been otherwise impacted due to the accident
Time is of the essence after a truck accident claim because it is important to preserve all evidence as quickly as possible. Furthermore, there is a two-year statute of limitations in California personal injury claims. Speaking with an attorney as soon as possible can get you started on working toward financial recovery.
Marijuana Use and Truck Drivers in California
California was one of the first states to legalize marijuana use, passing a law back in 2016 that lifted restrictions on the sale, use, and growth of marijuana across the state. Even though marijuana has been legalized for recreational use in California, it is still illegal under federal law, and federal regulations outlaw the use of marijuana by certain occupations–including truck drivers.
Truck drivers, more so than perhaps any other occupation in California, have a duty to operate their vehicles in a way that keeps them and other drivers safe. While the effects of marijuana use have been widely studied and recreational use is legal under California law, using it while operating a motor vehicle in California is expressly against the law.
Specifically, a truck driver using marijuana falls under California’s laws against driving under the influence (DUI). The legal limit for THC, the psychoactive component of marijuana, in the blood is:
- 5 nanograms per milliliter
This means that if a truck driver is found to have a THC level of 5 nanograms per milliliter of blood or higher, they can be charged with DUI, even if they are not showing signs of impairment.
That said, there are further restrictions for truck drivers in California against marijuana use. As commercial motor vehicle operators, truck drivers are bound by federal Department of Transportation regulations when it comes to driving and maintaining their commercial driver’s license (CDL). DOT regulations are extensive and include rigorous drug and alcohol testing, among other mandates. These regulations include:
- Prohibited substances – DOT regulations prohibit the use of any Schedule I drugs, including marijuana, cocaine, and heroin, as well as other illegal drugs. The use of prescription medications is only allowed if they have been prescribed by a licensed healthcare professional who is aware of the driver’s CDL status.
- Testing – Commercial truck drivers are subject to pre-employment, random, and post-accident drug and alcohol testing. Drivers are also subject to testing if there is reasonable suspicion of drug or alcohol use, as well as after completing a substance abuse program.
- Limits – Along with the legal limit of marijuana, the DOT has established limits for the presence of alcohol in a driver’s system. For alcohol, the limit is a blood alcohol concentration (BAC) of 0.04% or higher. For drugs besides marijuana, the limit is based on a positive test result, indicating the presence of illegal drugs or prescription medications used improperly.
Overall, compliance with DOT regulations is essential for commercial drivers who wish to maintain their careers and protect the safety of the public. It is important for commercial drivers to understand and follow these regulations to avoid serious consequences and ensure the safety of themselves and others on the road.
Consequences for Marijuana Use By Truck Drivers in California
Not surprisingly, the consequences for a truck driver caught using marijuana in California are quite severe. If a commercial driver is found to have violated DOT regulations regarding drug and alcohol use, they can face serious consequences, including:
- DUI charges – DUI charges for marijuana use are the biggest consequence for any driver, commercial truck drivers included. If a truck driver is found to be impaired by marijuana while driving, they can be charged with driving under the influence (DUI). A conviction for DUI with marijuana can result in fines, license suspension, and even jail time.
- Employment consequences – Truck drivers who use marijuana can face consequences from their employers. Many trucking companies have policies prohibiting drug use, and employees who violate these policies can face disciplinary action, up to and including termination.
- Loss of CDL – Commercial drivers who hold a commercial driver’s license (CDL) can lose their license if they are convicted of a drug-related offense, including a DUI. Losing a CDL can have significant consequences for a truck driver’s career, as it is required to operate a commercial motor vehicle.
- Legal consequences – Marijuana use remains illegal under federal law, and truck drivers who use marijuana can face further criminal charges. In addition, truck drivers who transport marijuana across state lines can face serious legal consequences, including fines and jail time.
Compliance
Obviously, avoiding marijuana use is the surest way to stay compliant with state and federal regulations. However, as a truck driver, there are other steps you can take:
- Understand state and federal laws – Truck drivers should familiarize themselves with state and federal laws regarding marijuana use. In California, marijuana use is legal for adults over 21 for recreational purposes, but it remains illegal under federal law. It is important to understand that the Department of Transportation (DOT) is a federal agency, and its regulations apply to all commercial drivers operating in the United States.
- Stay informed – Regulations regarding marijuana use by commercial drivers can change over time. Truck drivers should stay informed about any changes to regulations or laws that may affect them.
- Know your rights – Truck drivers have the right to refuse drug tests if they believe they are being asked to take a test without reasonable suspicion. However, refusing to take a drug test can result in consequences, including the loss of a commercial driver’s license.
While these steps are extremely important in terms of compliance, the process and understanding of legal rights can still be confusing for some truck drivers. That’s why it’s important to consult with our team of experienced California lawyers. We can make sure you understand the drug testing process and your rights as a truck driver.
Maison Law Can Help Protect Your Rights
Marijuana use may be legal in California, but as a truck driver, your ultimate responsibility is the safety of you and others on the road. In order to do this, you have to be aware of both federal and state regulations as it relates to marijuana use. However, even with these regulations, you have certain rights as both an employee when it comes to your privacy and the steps you can take to protect your career.
At Maison Law, we can help you understand and protect your rights. If you are a commercial truck driver and would like to learn more, contact us today for a free, no-obligation consultation.
