While a drug impaired driver barreling down Interstate 55 at 70 mph is an inherently frightening prospect, the potential danger to other motorists increases significantly when the drugged driver is operating a forty-ton fully loaded big-rig. The Federal Motor Carrier Safety Administration (FMCSA) imposes regulations that require employers to conduct a drug test of drivers involved in trucking accidents as soon as practicable after a crash on a public roadway engaged in interstate commerce (i.e. operating across state lines) though not under all circumstances. Experienced trucking accident attorneys recognize the importance these regulations. Critical evidence of negligence can be preserved for victims of stoned truck drivers and indifferent commercial carriers that cut costs by skirting drug testing procedures and ignoring evidence of drug testing violations. This blog post provides an overview of key information that vehicle occupants injured in a trucking collision should know about post-crash trucking procedures.
Will all truck drivers automatically be tested pursuant to federal regulations following an accident?
Unfortunately, the requirement that commercial drivers submit to a drug test following a crash is not a universal requirement. Federal regulations set forth at 49 CFR 382.303 establish the conditions that make testing mandatory. An employer must compel a post-accident drug test in the following situations:
- The trucking accident resulted in a fatality.
- The commercial driver received a citation for a moving violation under state or local law within 32 hours of the crash and either of the following apply: (1) a vehicle was disabled and had to be towed from the scene of the collision; or (2) someone needed to be transported away from the scene for medical attention.
The obvious gaps in this testing policy involve situations where a trucking collision causes injury or disables a vehicle but no citation is issued by law enforcement authorities to the truck driver. The scenarios above are the only post-accident circumstances that mandate or authorize post-crash testing under FMSCA/DOT authority. Therefore, our Mississippi trucking accident lawyers also investigate the internal drug testing policies of the commercial carrier, which often go beyond the federal requirements. Drug use violations detected through these supplemental testing procedures or failure of a trucking company to comply with its own procedures also can provide evidence of negligence.
Can law enforcement drug or alcohol testing serve as a substitute for mandatory post-collision drug testing?
When law enforcement authorities administer DUI chemical testing of breath, blood, or urine under state law, this drug testing can take the place of employer testing under specific circumstances. Because there can be delays that result in delays in testing by employers, individuals injured in trucking accidents can benefit from calling certain facts to the attention of law enforcement investigators. Motorists who notice signs of potential intoxication, such as slurred speech, lack of coordination, erratic driving, watery bloodshot eyes, or other evidence of impairment should alert crash investigators. This information can furnish facts justifying a chemical test that identifies a substance impaired truck driver. If law enforcement administers a DUI chemical test test, the results must be made available to the attorneys of the parties and the commercial carrier in subsequent trucking litigation.
What procedural requirements ensure that drug testing results will be an accurate reflection of violations of drug or alcohol use rules for commercial drivers?
When testing is necessitated under FMSCA regulations following a collision, the testing must be conducted by a lab authorized by the Department of Health and Human Services. An injury victim’s attorney has a right to obtain the results if the outcome of the test is positive. However, the accuracy of FMSCA drug screening is compromised to some extent because only urine testing can be mandated. Illicit narcotics and prescription drugs can be detected for a much longer period through hair follicle testing, which has prompted legislative proposals to authorize the use of hair follicle testing.
What penalties must be imposed if a truck driver fails a post-crash drug test?
A number of penalties will be imposed on a commercial driver who does not pass a drug test after a collision, which include the following:
- Evaluation by a substance abuse professional
- Removal from safety-sensitive functions
- Minimum of six periodic drug test during the subsequent year following a return to duty
- Successful passage of a test
Our Mississippi Trucking Accident Attorneys at Barrett Law recognize the hardships that face individuals injured in semi-truck crashes, and we are here to help. Contact our firm today at 800.707.9577 to schedule your free consultation, so we can evaluate your situation and discuss your right to financial compensation.