Do Truck Companies Drug Test Their Drivers After a Crash?

Operating a commercial truck under the influence of drugs or alcohol is an extremely reckless mistake that can result in catastrophic traffic accidents, injuries, and deaths. Drug or alcohol use among commercial truck drivers significantly increases the risk of accidents and is strictly regulated by federal laws. 

If you get involved in a truck accident and believe the truck driver was under the influence of something, the trucking company will most likely have to conduct a drug test under federal law. You may be able to use the results of an employer-provided drug test as evidence against the truck driver during a truck accident claim.

Federal Drug and Alcohol Testing Requirements

The federal government has many rules in place to regulate the trucking industry and improve its safety. These rules are enforced by the FMCSA or the Federal Motor Carrier Safety Administration. One of the government’s main concerns is preventing CDL drivers from operating under the influence of drugs and alcohol. Under federal law, employers must test their truck drivers for substance use in the following circumstances:

• Before hiring them.
• At random throughout the year.
• After most truck accidents.
• If there is reasonable suspicion that the driver is under the influence, the law requires either a drug or alcohol test.
• When the driver returns to duty after testing positive.
• A follow-up with drivers who test positive or refuse to be tested.

If a drug test comes up positive, the trucking company or employer must take reasonable steps to prevent the driver from putting others at risk of harm. This may mean suspending or terminating the driver’s employment. If an employer negligently allows a trucker who tested positive for drugs or alcohol to continue operating a big rig when this could put others in danger, the employer could be liable for a subsequent truck accident.

What Triggers a Post-Accident Test for Truck Drivers?

A post-accident test for truck drivers is triggered by specific types of crashes that result in a fatality, bodily injury, or significant property damage. According to the Federal Motor Carrier Safety Administration (FMCSA), trucking companies are mandated to conduct drug and alcohol tests on their drivers following an accident that meets these criteria. This regulation ensures that any potential substance use by the driver at the time of the accident is identified, thereby enhancing road safety and accountability.

Whether it’s a minor collision or a severe crash, if the incident involves a fatality, bodily injury requiring immediate medical treatment, or disabling damage to a vehicle, a post-accident test becomes a crucial step in the investigation process.

Drug Tests Required By Employers After Most Accidents

According to Section 382.303 of the FMCSA Code of Regulations, truck drivers must submit to drug and alcohol tests administered by their employers after most types of traffic accidents. There is a chart that is used to determine when an employer lawfully must test a truck driver after a crash. The chart creates the following rules:

• Mandatory testing for a truck accident involving a human fatality, whether or not law enforcement issued a citation to the driver.
• Mandatory testing for bodily injuries with immediate medical treatment away from the scene, but only if a citation is given to the driver.
• Mandatory testing for disabling damage to any motor vehicle that requires a tow, unless no citation was given to the truck driver.
• Follow-up drug tests are required for drivers who test positive or refuse to be tested, involving six unannounced tests over a one-year period to ensure compliance and safety.

Federal law gives employers no more than 32 hours after a qualifying truck accident to administer a drug test to a truck driver. The employer only has 8 hours to perform an alcohol test. They should administer drug and alcohol tests as soon as is practical after the accident. If an employer fails to perform tests within the time limit, the company must give a reason why the test was not promptly administered.

The Drug Testing Process

The drug testing process for truck drivers typically involves a urine test, which is designed to detect the presence of various substances such as cocaine, amphetamines, opiates, phencyclidine (PCP), and marijuana. This test is usually administered by a medical professional or a certified testing technician.

During the procedure, the truck driver is required to provide a urine sample in a controlled environment to ensure the integrity of the sample. Once collected, the sample is sent to a laboratory for thorough analysis. This process is a critical component of the drug testing protocol, ensuring that any substance use is accurately identified and documented.

Consequences of a Positive Test Result

If a truck driver tests positive for a substance, the consequences can be severe and far-reaching. The driver may face fines, suspension, or even revocation of their commercial driver’s license (CDL), which can significantly impact their career. Additionally, the driver may be required to undergo substance abuse treatment and counseling before they can return to duty.

For the trucking company, a positive test result can lead to substantial fines and penalties for failing to comply with federal regulations. This underscores the importance of maintaining strict adherence to drug and alcohol testing protocols to ensure the safety of all road users.

How Long Do Test Results Take?

The timeline for receiving test results can vary based on the type of test and the laboratory processing the samples. Typically, alcohol test results are available almost immediately, providing quick insights into the driver’s sobriety at the time of the accident. On the other hand, drug test results may take several days or even weeks to be processed, as they require more extensive analysis.

Trucking companies are required to keep these test results on file for a specified period, usually three years, to ensure compliance with federal regulations and to provide a record in case of future inquiries or legal proceedings.

Importance of Post-Crash Testing

Post-crash testing plays a vital role in ensuring public safety and preventing accidents caused by substance abuse. By conducting drug and alcohol tests on truck drivers after an accident, trucking companies can identify individuals who may pose a risk of causing future accidents due to substance use.

These test results are not only crucial for maintaining safety standards but also serve as important evidence in determining liability in the event of a lawsuit. Ensuring that drivers are sober and fit to operate their vehicles helps protect everyone on the road and upholds the integrity of the trucking industry.

Always Call the Police After a Truck Accident

If you are driving in Omaha and see a truck driver that you suspect is under the influence of drugs or alcohol, such as a driver who is drifting in and out of a lane or driving erratically, keep a safe distance and call 911. Explain why you believe the driver is intoxicated and give the responder a description of the truck and the truck number, if possible. Do not attempt to get closer to the truck to see the number, however. If you get into a collision with a commercial truck, always call the police to report the accident.

Note that the Federal Highway Administration allows law enforcement agencies (local, state, or federal) to substitute for employers when it comes to administering post-accident drug and alcohol tests. If you call 911 after a truck accident, law enforcement will administer a blood or urine test to check for any drugs in the driver’s system. You could then use positive test results as evidence against the driver during an injury claim. Calling the police can ensure that the driver gets drug tested, even if the truck company doesn’t administer a test.

If a driver tests positive, they must meet with a substance abuse professional as part of the Return-to-Duty process. This professional plays a crucial role in evaluating the driver and outlining steps towards rehabilitation and returning to safety-sensitive work.

Contact Knowles Law Firm After a Truck Accident

Determining whether a truck driver was under the influence at the time of a crash can be a critical factor in proving liability. Post-accident drug and alcohol tests provide essential evidence that may strengthen your claim. At Knowles Law Firm, we understand the complexities of truck accident cases, including federal regulations governing commercial drivers. Our legal team investigates every aspect of an accident to identify negligence, from reviewing test results to holding trucking companies accountable for unsafe practices.

With over 55 years of experience, we have secured multi-million dollar settlements for injured clients. We move cases forward efficiently to achieve fair resolutions, whether through settlement or trial. If you were injured in a truck accident and suspect the driver was impaired, we can help you build a strong case. Call us at (402) 431-9000 or fill out our contact form.