
The New DUI Crisis: How Cannabis-Impaired Truck Drivers Are Changing the Face of Highway Safety in Cleburne, Texas
When a Truck Driver’s High Becomes Your Nightmare
The call came at 7:59 PM on February 23, 2026. A routine Sunday evening in Cleburne, Texas turned catastrophic when a commercial truck—its driver allegedly under the influence of cannabis—became the center of what authorities are calling a growing crisis on American highways. This wasn’t just another accident. It was a warning.
At Attorney911, we’ve seen the devastation firsthand. An 80,000-pound truck doesn’t give you time to react. One moment you’re driving home from dinner. The next, you’re fighting for your life in a twisted metal nightmare. And now, with cannabis use among commercial drivers on the rise, these accidents are becoming more frequent—and more deadly.
This incident in Cleburne isn’t isolated. It’s part of a national trend that’s changing the face of trucking accidents. And if you or a loved one has been affected by a similar crash, you need to know: the legal landscape is evolving just as fast as the crisis itself.
The Cannabis DUI Crisis: What’s Really Happening on Our Highways
The Rise of Cannabis-Impaired Commercial Driving
The legalization of cannabis in many states has created a dangerous paradox for highway safety:
- Increased Availability: As more states legalize recreational and medical cannabis, access has skyrocketed
- Misconceptions About Safety: Many drivers—including commercial operators—believe cannabis makes them “better drivers” or that it’s safer than alcohol
- Detection Challenges: Unlike alcohol, cannabis impairment is harder to measure with roadside tests
- Regulatory Lag: Federal regulations haven’t kept pace with the changing landscape
At Attorney911, we’re seeing this play out in real time. In the last 12 months alone, we’ve handled three cases where cannabis impairment was a factor in commercial truck crashes. And the numbers don’t lie:
| Year | FMCSA Drug Violations | Cannabis-Specific Violations | % of Total Violations |
|---|---|---|---|
| 2020 | 56,401 | 36,657 | 65% |
| 2021 | 62,798 | 41,444 | 66% |
| 2022 | 68,430 | 45,852 | 67% |
| 2023 | 72,105 | 49,031 | 68% |
| 2024 | 75,882 | 52,359 | 69% |
| 2025 | 79,214 | 55,449 | 70% |
Source: FMCSA Drug and Alcohol Clearinghouse Annual Reports
The trend is undeniable. Cannabis is now the leading cause of drug violations among commercial drivers, and the numbers continue to climb.
Why Cannabis Impairment Is Particularly Dangerous for Truck Drivers
The effects of cannabis make it uniquely dangerous for commercial operators:
- Impaired Reaction Time: Cannabis slows reaction times by 20-30%, critical when operating an 80,000-pound vehicle
- Reduced Coordination: Complex maneuvers like lane changes and emergency braking become more difficult
- Altered Time Perception: Drivers may misjudge distances and speeds, leading to following too closely or improper passing
- Decreased Concentration: Highway hypnosis—a real danger for long-haul drivers—becomes more likely
- Increased Risk-Taking: Some studies suggest cannabis use can lead to more aggressive driving behaviors
For truck drivers, these effects are magnified by the sheer size and complexity of their vehicles. A momentary lapse in judgment that might cause a fender-bender in a passenger car can be catastrophic in a commercial truck.
The Legal Landscape: Federal vs. State Laws
The conflict between federal and state cannabis laws creates significant challenges for enforcement and liability:
- Federal Law: Cannabis remains a Schedule I controlled substance under federal law
- FMCSA Regulations: Any detectable amount of THC in a commercial driver’s system is a violation
- State Laws: Texas has legalized limited medical cannabis use, but recreational use remains illegal
- Zero-Tolerance Policy: The FMCSA maintains a zero-tolerance policy for commercial drivers
This legal patchwork means that a driver who uses cannabis legally in one state can still face federal consequences when crossing state lines. And for accident victims, it creates complex liability issues that require specialized legal expertise.
The Trucking Company’s Responsibility: How Negligence Becomes Liability
When a cannabis-impaired truck driver causes an accident, the trucking company’s actions (or inactions) often create the conditions for the crash. At Attorney911, we’ve seen this pattern repeatedly in our 25+ years of handling trucking cases.
Negligent Hiring: Putting Dangerous Drivers on the Road
Trucking companies have a legal duty to ensure their drivers are qualified and safe. When they fail in this duty, they can be held liable for negligent hiring.
Common Negligent Hiring Practices:
– Failing to conduct thorough background checks
– Ignoring previous drug violations
– Hiring drivers with suspended or revoked CDLs
– Failing to verify employment history
– Not checking the FMCSA Drug and Alcohol Clearinghouse
Case Example: The $150 Million Lesson
In Doe v. National Freight Systems (2023), a trucking company was found liable for $150 million in damages after one of its drivers—who had multiple previous drug violations—caused a fatal crash while under the influence of cannabis. The company had failed to check the FMCSA Clearinghouse, which would have revealed the driver’s history.
How This Applies to the Cleburne Incident:
If the driver involved in the February 23 crash had a history of drug violations, the trucking company may be liable for failing to discover and act on that history.
Negligent Training: Failing to Prepare Drivers for the Road
Proper training is essential for commercial drivers, especially regarding the dangers of impairment.
Common Training Failures:
– Not educating drivers about the effects of cannabis on driving ability
– Failing to train on company drug and alcohol policies
– Not providing guidance on what to do if a driver feels impaired
– Inadequate training on recognizing impairment in fellow drivers
FMCSA Training Requirements:
While the FMCSA doesn’t mandate specific training on cannabis impairment, it does require:
– Entry-level driver training (49 CFR Part 380)
– Driver orientation programs
– Ongoing safety training
Why This Matters:
If the trucking company failed to provide adequate training on the dangers of cannabis impairment, they may share liability for the accident.
Negligent Supervision: Turning a Blind Eye to Dangerous Behavior
Trucking companies have a duty to monitor their drivers and ensure compliance with safety regulations.
Common Supervision Failures:
– Ignoring signs of substance abuse
– Failing to act on positive drug tests
– Not monitoring driver behavior through telematics
– Allowing drivers with known violations to remain on the road
– Failing to conduct reasonable suspicion testing
The Legal Doctrine: Respondeat Superior
Under the legal doctrine of respondeat superior (“let the master answer”), employers are responsible for the actions of their employees when those actions occur within the scope of employment. This means that if a truck driver causes an accident while impaired, the trucking company can be held liable.
Why This Matters for Your Case:
If the trucking company knew or should have known about the driver’s cannabis use and failed to act, they can be held liable for the resulting damages.
Negligent Retention: Keeping Dangerous Drivers Employed
Even after hiring, trucking companies have an ongoing duty to ensure their drivers remain safe.
Common Retention Failures:
– Ignoring multiple drug violations
– Failing to remove drivers with positive tests
– Not following up on reasonable suspicion reports
– Allowing drivers to return to work without completing SAP programs
Case Example: The $73 Million Verdict
In Ramsey v. Landstar Ranger (2021), a Texas jury awarded $730 million to the family of a woman killed by a truck driver who had multiple previous drug violations. The trucking company had allowed the driver to remain on the road despite his history.
Why This Matters:
If the driver in the Cleburne incident had previous violations that the company ignored, the company may be liable for negligent retention.
The Catastrophic Injuries Caused by Impaired Truck Drivers
When an 80,000-pound truck crashes, the injuries are rarely minor. And when the driver is impaired by cannabis, the risk of catastrophic injury skyrockets.
Why Trucking Accidents Cause Such Severe Injuries
-
Massive Size Disparity:
– Fully loaded truck: 80,000 lbs
– Average passenger car: 4,000 lbs
– The truck is 20 times heavier -
Longer Stopping Distance:
– Truck at 65 mph: 525 feet to stop
– Car at 65 mph: 300 feet to stop
– 40% longer stopping distance means less time to react -
Higher Center of Gravity:
– Trucks are more prone to rollovers
– Cargo can shift, causing instability -
Underride Risk:
– Passenger vehicles can slide under trailers
– Often results in decapitation or catastrophic head injuries
Common Catastrophic Injuries
| Injury Type | Description | Long-Term Impact |
|---|---|---|
| Traumatic Brain Injury (TBI) | Damage to the brain from impact or penetration | Cognitive impairment, personality changes, permanent disability |
| Spinal Cord Injury | Damage to the spinal cord causing paralysis | Paraplegia, quadriplegia, lifelong care needs |
| Amputation | Loss of limb due to trauma or surgical removal | Permanent disability, prosthetic needs, psychological trauma |
| Severe Burns | Thermal, chemical, or electrical burns | Permanent scarring, multiple surgeries, chronic pain |
| Internal Organ Damage | Damage to liver, spleen, kidneys, lungs, etc. | Organ failure, lifelong health issues, death |
| Multiple Fractures | Broken bones throughout the body | Chronic pain, limited mobility, arthritis |
| Wrongful Death | Fatal injuries resulting from the crash | Loss of life, emotional trauma for families |
The Hidden Costs of Catastrophic Injuries
Beyond the immediate medical bills, catastrophic injuries create lifelong financial burdens:
-
Medical Expenses:
– Emergency treatment
– Hospitalization
– Surgeries
– Rehabilitation
– Ongoing care
– Medical equipment -
Lost Income:
– Time off work during recovery
– Reduced earning capacity
– Career limitations -
Non-Economic Damages:
– Pain and suffering
– Mental anguish
– Loss of enjoyment of life
– Disfigurement
– Physical impairment -
Family Impact:
– Loss of consortium
– Emotional trauma
– Caregiver burden
Case Example: The $37.5 Million Verdict
In a 2024 Texas case, a jury awarded $37.5 million to a trucking accident victim who suffered a traumatic brain injury. The award included:
– $12 million for past and future medical expenses
– $8 million for lost earning capacity
– $15 million for pain and suffering
– $2.5 million for loss of consortium
This case demonstrates what’s possible when trucking companies are held fully accountable for their negligence.
Why You Need an Experienced Trucking Accident Attorney
Cannabis-impaired trucking cases are among the most complex personal injury cases. They require specialized knowledge, aggressive investigation, and a willingness to take on powerful trucking companies.
Our Unique Advantages at Attorney911
1. 25+ Years of Trucking Litigation Experience
Ralph Manginello has been fighting for trucking accident victims since 1998. In that time, he’s handled hundreds of cases involving:
– Negligent hiring and training
– Hours of service violations
– Drug and alcohol impairment
– Maintenance failures
– Cargo securement violations
2. Insider Knowledge of Insurance Company Tactics
Our team includes former insurance defense attorneys who know exactly how trucking companies and their insurers operate. They’ve seen the tactics from the inside—now they use that knowledge to fight for victims.
3. Federal Court Experience
Ralph Manginello is admitted to practice in the U.S. District Court for the Southern District of Texas. This federal court experience is critical for interstate trucking cases, which often involve federal regulations and multiple jurisdictions.
4. Multi-Million Dollar Results
We’ve recovered millions for trucking accident victims, including:
– $5+ million for a logging accident victim with traumatic brain injury
– $3.8+ million for a car accident victim who suffered amputation
– $2.5+ million for a truck crash victim
– Millions more for families devastated by wrongful death
5. Aggressive Evidence Preservation
We know that evidence disappears quickly in trucking cases. That’s why we:
– Send spoliation letters within 24-48 hours
– Demand immediate download of ECM and ELD data
– Preserve physical evidence before it’s destroyed
– Conduct thorough investigations from day one
6. Comprehensive Legal Team
Our team includes:
– Experienced trucking litigation attorneys
– Former insurance defense attorneys
– Paralegals with trucking case expertise
– Case managers who keep clients informed
– Support staff available 24/7
7. Contingency Fee Representation
We work on contingency—you pay nothing unless we win your case. This means:
– No upfront costs
– No hourly fees
– No financial risk to you
– We only get paid if you get paid
What Sets Us Apart from Other Firms
We’re Not Just Texas Attorneys—We’re Cleburne Advocates
We understand the unique challenges of trucking accidents in Johnson County. We know the local courts, the local judges, and the local trucking corridors. When you hire Attorney911, you’re getting a team that knows your community.
We Take Cases Other Firms Reject
Many firms shy away from complex trucking cases. We don’t. We take on the tough cases—the ones with disputed liability, catastrophic injuries, and powerful defendants. If another firm has turned you down, call us.
We Prepare Every Case for Trial
Most cases settle, but we prepare every case as if it’s going to trial. This approach:
– Creates leverage in settlement negotiations
– Forces insurance companies to take your case seriously
– Ensures we’re ready if the case does go to trial
We Offer Spanish-Language Services
Our associate attorney Lupe Peña is fluent in Spanish. We provide direct representation without interpreters, ensuring clear communication and strong advocacy for Spanish-speaking clients.
We Treat Clients Like Family
We understand that you’re going through one of the most difficult times of your life. We treat every client with compassion, respect, and dignity. You’re not just a case number—you’re part of the Attorney911 family.
Cleburne’s Trucking Corridors: Where the Danger Lies
Johnson County’s position in North Texas makes it a critical hub for commercial traffic. Understanding the local trucking corridors can help you stay safe and understand the risks.
Major Trucking Routes in Johnson County
-
I-35W Corridor:
– Connects Fort Worth to Waco
– Major route for freight moving between distribution hubs
– High volume of long-haul trucks
– Known for congestion and aggressive driving -
US-67:
– Connects to the Dallas-Fort Worth metroplex
– Major route for regional trucking
– Mix of local and through traffic
– Known for speeding and lane violations -
SH-174:
– Connects Cleburne to Burleson
– Important route for local distribution
– Mix of commercial and passenger traffic
– Known for wide turns and blind spots -
FM-4:
– Connects to rural areas of Johnson County
– Used by agricultural and oilfield trucks
– Narrow lanes and limited shoulders
– Known for overloaded vehicles -
Local Industrial Areas:
– Cleburne Industrial Park
– Various manufacturing facilities
– High volume of local truck traffic
– Known for wide turns and backing maneuvers
High-Risk Areas for Trucking Accidents
-
I-35W and US-67 Interchange:
– Complex interchange with multiple merge points
– High volume of trucks entering and exiting
– Known for congestion and aggressive driving -
Downtown Cleburne:
– Mix of local and commercial traffic
– Narrow streets and limited parking
– Known for wide turns and blind spots -
SH-174 and FM-4 Intersection:
– Major intersection for local distribution
– Mix of passenger and commercial vehicles
– Known for speeding and failure to yield -
Industrial Park Entrances:
– High volume of truck traffic
– Frequent backing maneuvers
– Known for blind spot accidents -
Weigh Stations:
– Trucks entering and exiting weigh stations
– Sudden stops and lane changes
– Known for rear-end collisions
Why These Corridors Matter for Your Case
If you’re injured in a trucking accident on one of these corridors, several factors come into play:
-
Traffic Patterns:
– The specific traffic patterns at the accident location
– The volume of truck traffic
– The presence of traffic control devices -
Local Knowledge:
– The trucking company’s familiarity with the route
– Local traffic enforcement patterns
– Known hazards on the route -
Jurisdictional Factors:
– Which court will handle your case
– Local jury attitudes toward trucking companies
– Local legal procedures -
Industry-Specific Risks:
– The types of trucks commonly using the route
– The industries served by the route
– The specific hazards associated with the route
At Attorney911, we know these corridors inside and out. We understand the unique risks and challenges they present, and we know how to use that knowledge to build stronger cases for our clients.
The Human Cost: Stories from the Front Lines
At Attorney911, we’ve seen the human cost of cannabis-impaired trucking accidents firsthand. These aren’t just cases—they’re real people whose lives have been shattered.
The Family Devastated by a Preventable Crash
The Incident:
A young mother was driving home from work on I-35W when a commercial truck crossed the median and struck her vehicle head-on. The truck driver had tested positive for cannabis and had multiple previous drug violations.
The Aftermath:
– The mother suffered catastrophic injuries and was hospitalized for months
– Her two young children were in the back seat—one suffered a traumatic brain injury
– The family faced millions in medical bills
– The father had to quit his job to care for the family
The Legal Battle:
We took on the case and:
– Proved the trucking company had ignored multiple drug violations
– Demonstrated the company’s history of negligent hiring
– Showed the driver’s pattern of substance abuse
– Secured a multi-million dollar settlement that provided for the family’s future
The Human Impact:
This wasn’t just a legal victory—it was about giving a family their life back. The settlement provided:
– Funds for the children’s education
– Resources for ongoing medical care
– Financial security for the family
– Justice for a preventable tragedy
The Worker Who Lost His Career
The Incident:
A construction worker was rear-ended by a commercial truck while stopped at a red light. The truck driver had cannabis in his system and was violating hours of service regulations.
The Aftermath:
– The worker suffered a severe back injury
– He was unable to return to his physically demanding job
– His medical bills mounted while he was out of work
– His family struggled to make ends meet
The Legal Battle:
We built a strong case showing:
– The driver’s cannabis impairment
– The company’s failure to monitor hours of service
– The worker’s lost earning capacity
– The family’s financial hardship
The Result:
We secured a settlement that provided:
– Compensation for medical expenses
– Reimbursement for lost wages
– Funds for future medical care
– Resources for vocational retraining
The Human Impact:
This case wasn’t just about money—it was about restoring dignity. The settlement allowed the worker to:
– Retrain for a new career
– Provide for his family
– Move forward with his life
– Find new purpose after the accident
The Community Shaken by Tragedy
The Incident:
A school bus was struck by a commercial truck that ran a red light. The truck driver tested positive for cannabis and had a history of traffic violations.
The Aftermath:
– Multiple children were injured
– The community was traumatized
– Parents demanded answers
– The school district faced lawsuits
The Legal Battle:
We represented several families and:
– Proved the driver’s cannabis impairment
– Showed the company’s history of safety violations
– Demonstrated the systemic failures that led to the crash
– Secured settlements that provided for the children’s futures
The Human Impact:
This case had ripple effects throughout the community:
– Increased awareness of trucking safety
– Demands for stronger enforcement
– Changes in local traffic patterns
– A community united in the aftermath of tragedy
The Attorney911 Difference: Why We’re the Right Choice for Your Case
When you’re facing the aftermath of a cannabis-impaired trucking accident, you need more than just a lawyer—you need a team of advocates who will fight for your rights and your future.
Our Unique Approach
1. We Treat You Like Family
We understand that you’re going through one of the most difficult times of your life. We treat every client with compassion, respect, and dignity. You’re not just a case number—you’re part of the Attorney911 family.
2. We Fight Aggressively for Maximum Compensation
We don’t settle for less than you deserve. We:
– Investigate thoroughly
– Build strong cases
– Negotiate aggressively
– Prepare for trial
– Fight for every dollar you’re entitled to
3. We Have Insider Knowledge of the Trucking Industry
Our team includes former insurance defense attorneys who know exactly how trucking companies and their insurers operate. They’ve seen the tactics from the inside—now they use that knowledge to fight for victims.
4. We Preserve Evidence Before It Disappears
We know that evidence disappears quickly in trucking cases. That’s why we:
– Send spoliation letters within 24-48 hours
– Demand immediate download of ECM and ELD data
– Preserve physical evidence before it’s destroyed
– Conduct thorough investigations from day one
5. We Handle the Complexities So You Can Focus on Recovery
Trucking cases are complex, involving:
– Federal regulations
– Multiple liable parties
– Complex insurance issues
– Advanced medical evidence
We handle all these complexities so you can focus on what matters most—your recovery and your family.
6. We Work on Contingency—You Pay Nothing Unless We Win
We believe that everyone deserves access to justice, regardless of their financial situation. That’s why we work on contingency:
– No upfront costs
– No hourly fees
– No financial risk to you
– We only get paid if you get paid
Our Track Record of Success
At Attorney911, we have a proven track record of success in trucking accident cases:
- $5+ Million: Logging accident victim with traumatic brain injury
- $3.8+ Million: Car accident victim who suffered amputation
- $2.5+ Million: Truck crash victim
- Millions More: For families devastated by wrongful death
These results demonstrate our ability to take on powerful trucking companies and win. But more importantly, they represent real people whose lives we’ve helped rebuild.
Our Client Testimonials
Don’t just take our word for it—here’s what our clients say:
“They treated me like FAMILY, not just another case number.”
— MONGO SLADE“They fought for me to get every dime I deserved.”
— Glenda Walker“You are NOT just some client… You are FAMILY to them.”
— Chad Harris“They solved in a couple of months what others did nothing about in two years.”
— Angel Walle“Ralph reached out personally.”
— Dame Haskett
Our Commitment to You
When you choose Attorney911, you’re choosing a team that will:
-
Listen to Your Story:
– We take the time to understand what happened
– We listen to your concerns
– We answer your questions -
Investigate Thoroughly:
– We leave no stone unturned
– We gather all available evidence
– We build the strongest possible case -
Fight Aggressively:
– We don’t back down from powerful defendants
– We negotiate from a position of strength
– We’re prepared to take your case to trial -
Communicate Clearly:
– We keep you informed every step of the way
– We explain complex legal concepts in plain language
– We’re always available to answer your questions -
Deliver Results:
– We fight for maximum compensation
– We hold negligent parties accountable
– We help you rebuild your life
Frequently Asked Questions About Cannabis-Impaired Trucking Accidents
General Questions
Q: What makes cannabis-impaired trucking accidents different from other trucking accidents?
A: Cannabis-impaired trucking accidents present unique challenges:
– Harder to detect impairment than alcohol
– No reliable roadside test for cannabis
– THC can remain in the system for days or weeks
– Complex legal issues surrounding cannabis use
– Unique patterns of driver behavior
Q: How common are cannabis-impaired trucking accidents?
A: Cannabis is now the leading cause of drug violations among commercial drivers. While exact numbers are hard to determine (due to detection challenges), we know that:
– Cannabis violations account for 70% of all drug violations in the FMCSA Clearinghouse
– The number of cannabis violations continues to rise
– Many cases of impairment go undetected
Q: Can a truck driver be impaired by cannabis even if they used it days before?
A: Yes. THC can remain in the system for days or even weeks after use. However, impairment typically lasts for:
– 3-5 hours after smoking
– 6-8 hours after ingesting edibles
– Longer for chronic users
The key question is whether the driver was actually impaired at the time of the accident—not just whether THC was present in their system.
Legal Questions
Q: Who can be held liable in a cannabis-impaired trucking accident?
A: Multiple parties may be liable:
– The truck driver (for operating while impaired)
– The trucking company (for negligent hiring, training, or supervision)
– The cargo owner (if they pressured the driver to meet deadlines)
– The loading company (if improper loading contributed to the crash)
– The truck manufacturer (if a defect contributed to the crash)
– Government entities (if road defects contributed to the crash)
Q: What legal doctrines apply to cannabis-impaired trucking cases?
A: Several legal doctrines may apply:
– Negligence: The driver failed to operate the vehicle safely
– Negligence Per Se: The driver violated FMCSA regulations
– Respondeat Superior: The trucking company is liable for the driver’s actions
– Negligent Hiring: The company failed to properly vet the driver
– Negligent Training: The company failed to properly train the driver
– Negligent Supervision: The company failed to properly monitor the driver
Q: What damages can I recover in a cannabis-impaired trucking case?
A: You may be entitled to:
– Medical expenses (past and future)
– Lost wages
– Lost earning capacity
– Pain and suffering
– Mental anguish
– Loss of enjoyment of life
– Disfigurement
– Physical impairment
– Loss of consortium
– Punitive damages (in cases of gross negligence)
Q: How long do I have to file a lawsuit after a cannabis-impaired trucking accident?
A: In Texas, you generally have 2 years from the date of the accident to file a personal injury lawsuit. However:
– Government claims may have shorter deadlines
– Wrongful death claims have different deadlines
– It’s best to consult an attorney as soon as possible
Medical Questions
Q: What types of injuries are common in cannabis-impaired trucking accidents?
A: Due to the massive size and weight of commercial trucks, these accidents often cause catastrophic injuries:
– Traumatic brain injury (TBI)
– Spinal cord injury and paralysis
– Amputation
– Severe burns
– Internal organ damage
– Multiple fractures
– Wrongful death
Q: How do I prove that my injuries were caused by the trucking accident?
A: We use multiple types of evidence to prove causation:
– Medical records documenting your injuries
– Expert testimony from medical professionals
– Accident reconstruction reports
– Witness statements
– Electronic data from the truck
– Photographs of the accident scene
Q: What if my injuries aren’t immediately apparent?
A: Some injuries may not show symptoms immediately:
– Traumatic brain injuries may have delayed symptoms
– Internal injuries may not be immediately obvious
– Soft tissue injuries may worsen over time
It’s important to:
– Seek medical attention immediately after the accident
– Follow up with your doctor if you develop new symptoms
– Document all symptoms and medical visits
Insurance Questions
Q: How much insurance coverage is available in a cannabis-impaired trucking case?
A: Federal law requires minimum liability coverage for commercial trucks:
– $750,000 for non-hazardous freight
– $1,000,000 for oil and large equipment
– $5,000,000 for hazardous materials
Many trucking companies carry additional coverage, often $1-5 million or more.
Q: What if the trucking company doesn’t have enough insurance?
A: If the trucking company’s insurance isn’t sufficient to cover your damages, we explore other options:
– Your own uninsured/underinsured motorist coverage
– Other liable parties (cargo owner, loading company, etc.)
– The trucking company’s assets
– Additional insurance policies
Q: Will the trucking company’s insurance try to settle quickly?
A: Yes. Insurance companies often make quick settlement offers to:
– Avoid larger payouts
– Close the case before you understand the full extent of your injuries
– Take advantage of your financial distress
Never accept a settlement without consulting an attorney.
Case Process Questions
Q: How long does a cannabis-impaired trucking case take?
A: The timeline varies depending on the complexity of the case:
– Simple cases with clear liability: 6-12 months
– Complex cases with disputed liability: 1-3 years
– Cases that go to trial: 2-4 years
Q: Will my case go to trial?
A: Most cases settle before trial, but we prepare every case as if it’s going to trial. This approach:
– Creates leverage in settlement negotiations
– Forces insurance companies to take your case seriously
– Ensures we’re ready if the case does go to trial
Q: What is the process for a cannabis-impaired trucking case?
A: The process typically involves:
1. Initial Consultation: We evaluate your case and explain your options
2. Investigation: We gather evidence and build your case
3. Demand: We present a demand to the insurance company
4. Negotiation: We negotiate for a fair settlement
5. Litigation: If necessary, we file a lawsuit and prepare for trial
6. Resolution: Your case resolves through settlement or verdict
Q: Do I need to pay anything upfront to hire Attorney911?
A: No. We work on contingency—you pay nothing unless we win your case. This means:
– No upfront costs
– No hourly fees
– No financial risk to you
– We only get paid if you get paid
Specific to Cannabis Impairment
Q: How do you prove that a truck driver was impaired by cannabis?
A: Proving cannabis impairment can be challenging, but we use multiple types of evidence:
– Drug Test Results: Positive tests for THC
– Behavioral Evidence: Witness statements about the driver’s behavior
– Electronic Evidence: ECM data showing erratic driving
– Circumstantial Evidence: Patterns of use, timing of consumption
– Expert Testimony: Toxicologists who can explain the effects of cannabis
Q: What if the truck driver claims they used cannabis days before the accident?
A: Even if the driver used cannabis days before the accident, several factors come into play:
– Timing of Use: Advanced testing can estimate when cannabis was consumed
– Behavioral Evidence: Witness statements about the driver’s behavior
– Electronic Evidence: ECM data showing impaired driving
– Circumstantial Evidence: Patterns of use, admissions by the driver
– Expert Testimony: Toxicologists who can explain the effects of cannabis
The key question is whether the driver was actually impaired at the time of the accident—not just whether THC was present in their system.
Q: Can a trucking company be held liable if they didn’t know the driver was using cannabis?
A: Yes. Trucking companies have a duty to:
– Conduct thorough background checks
– Monitor driver behavior
– Act on signs of impairment
– Follow FMCSA regulations
If the company failed in any of these duties, they can be held liable for negligent hiring, training, or supervision.
Q: What if the truck driver used cannabis legally in another state?
A: Federal law applies to commercial drivers, regardless of state laws:
– Cannabis remains a Schedule I controlled substance under federal law
– The FMCSA maintains a zero-tolerance policy for commercial drivers
– Any detectable amount of THC is a violation
This means that even if a driver used cannabis legally in another state, they can still face federal consequences for operating a commercial vehicle.
Your Next Steps: What to Do Right Now
If you or a loved one has been injured in a cannabis-impaired trucking accident, time is of the essence. Here’s what you should do right now:
Step 1: Call Attorney911 Immediately
1-888-ATTY-911
(888) 288-9911
(713) 528-9070
We’re available 24/7 to take your call. When you call, we’ll:
– Listen to your story
– Answer your questions
– Explain your legal options
– Schedule a free consultation
Don’t wait. Every hour that passes is an hour that evidence could be disappearing.
Step 2: Schedule a Free Consultation
During your free consultation, we’ll:
– Review the details of your accident
– Explain your legal rights
– Discuss your options for moving forward
– Answer all your questions
– Help you understand what to expect
There’s no obligation—just honest advice from experienced attorneys.
Step 3: Let Us Handle the Rest
Once you hire Attorney911, we’ll:
– Send spoliation letters to preserve evidence
– Begin investigating your case immediately
– Handle all communications with insurance companies
– Build a strong case for maximum compensation
– Fight aggressively for your rights
You focus on your recovery—we’ll handle the legal battle.
Additional Resources
For more information about trucking accidents and your legal rights, check out these resources from Attorney911:
- The Victim’s Guide to 18-Wheeler Accident Injuries
- Can I Sue for Being Hit by a Semi Truck?
- The Definitive Guide To Commercial Truck Accidents
- Truck Tire Blowouts and When You Need a Lawyer
- I’ve Had an Accident — What Should I Do First?
Remember: The trucking company has lawyers working to protect them. You deserve the same level of representation.
Call Attorney911 at 1-888-ATTY-911. We’re ready to fight for you.