Here are two scenarios explaining what we mean, both involving a truck swerving into our client: Your truck accident attorney must be able to show that, but for the driver's use of drugs or alcohol while on the job, the accident wouldn't have happened. The truth is, it's not what happened that matters in litigation, but what you can prove. After all, a truck driver with illegal substances or alcohol in their system around the time of an accident surely has at least some responsibility for what happened, right? It may seem like common sense that the presence of drugs or alcohol in a driver's system just after a collision means that your case is open and shut. How we use the results of drug and alcohol tests We are able to get this data from the cops through an open-records request. Once this happens, a police or hospital nurse then takes a sample for analysis. Consequently, after an accident involving serious bodily injury or a fatality, the police often detain the driver, go before a judge or magistrate, and secure a warrant for a blood draw.
The 4th Amendment prohibits non-consensual testing without a warrant from a judge.
Unlike employers, the police cannot simply demand that drivers submit to an alcohol or drug test. When do the police drug test 18-wheeler drivers? Even where employers don't have to test their drivers, it's considered a best practice to do so. This being said, responsible trucking companies will generally go ahead and have their drivers tested after an accident. Keep in mind, if the police or state troopers secure a drug test within that time frame, the employer doesn't technically have to do their own.
If they fail to perform these tests within the required interval, the employer must be able to explain why, and is potentially subject to penalties for noncompliance. This required drug testing must happen within 32 hours of the incident, and any alcohol test within 8. This is to remove any guesswork about whether substance use contributed in these most serious cases.
After a deadly accident: Regardless of whom the police believe was at fault for the incident, professional truck drivers must be tested for drugs and alcohol after any accident involving a fatality.This applies to many prescription drugs as well. Under the rules, if the driver tests positive for anything at all-even trace amounts of alcohol, marijuana, meth, or another intoxicating substance-they're not allowed out onto the road. Preemployment: Before any driver hits the road for the first time after being hired by a trucking company, he must undergo a test called a toxicology screen to test for drugs and alcohol.The most relevant for our purposes are pre-employment and post-accident testing. There are also numerous federally-imposed regulations for when and how employers must test their employees for drugs. However, regulators don't just count on these companies to voluntarily do the responsible thing by requiring their drivers be tested. While it may be annoying for drivers, this serves an important purpose: identifying drivers with drug problems before their use of substances causes a wreck. Responsible trucking companies require drivers to undergo random drug testing. When do employers drug test truck drivers? What can drug test results do for my case?.If a truck driver was under the influence when a crash occurred, are they automatically liable?.After an accident, is drug testing mandatory?.Who is responsible for ensurig that truck drivers are drug tested?.If you haven't already, make sure you read our popular Guide to Truck Accident Law before you go. Below, we'll discuss how all this works, and how the evidence obtained by this testing can be used to prove your case against a trucking company.
According to federal regulations, all trucking companies are required to submit employees who have a commercial driver's license (CDL) to random drug and alcohol testing.īut more importantly, after an accident, drivers often submit to two drug tests: one from the police, the other from their employer. Our experience has shown us that in many cases of truck drivers causing accidents, alcohol or drugs have been an influence. Home Dallas Truck Accident Attorney Evidence and Investigations Truck Driver Drug & Alcohol Test Results How Drug Tests For Truck Drivers Are Supposed to Work.