A severe truck crash can cause physical pain and confusion for everyone involved. To protect public safety, federal and state laws require trucking companies to test their drivers for drugs and alcohol after an incident occurs. These rules help determine if drug or alcohol use played a role in the crash.
Post-accident testing requirements
Federal safety regulations require motor carriers to tests if their truck drivers have consumed alcohol or used controlled substances following certain types of crashes. Mandatory testing occurs under the following circumstances:
- The crash results in a human fatality
- The truck driver gets a citation for a moving violation, and at least one person involved in the accident receives immediate medical treatment away from the scene.
- A law enforcement officer issues a moving violation citation to the truck driver, and at least one vehicle requires towing due to disabling damage.
Checking whether these conditions were met helps prove whether a trucking company followed the law.
Drug and alcohol testing deadlines after a crash
Carriers must attempt alcohol testing within two hours of the incident or provide written documentation for the delay. Federal testing guidelines require companies to stop alcohol screening after eight hours and note specific reasons for non-compliance. Meanwhile, motor carriers have a 32-hour window to complete mandatory controlled substance testing to meet federal safety standards.
What happens when a trucking company skips required testing
Trucking companies that fail to conduct required post-accident tests may face civil fines and the potential suspension or revocation of their operating authority. Additionally, Maryland courts may view a lack of testing as a failure to follow safety rules that protect other drivers. The victims of truck accidents can use a company’s failure to test as key evidence in a compensation claim.
Legal rights after a crash
Knowing the tight deadlines and other regulatory terms for drug and alcohol testing is key to protecting legal rights after a serious incident. However, following these rules requires a clear grasp of both federal and state motor carrier laws. Ultimately, speaking with an attorney can help you understand your options and seek compensation.