No one should drive while under the influence of drugs or alcohol. This is especially critical when the driver is operating a huge vehicle such as a commercial truck, which might cause catastrophic damage in the event of a collision.
If you were wounded in a truck accident, you have a few options for obtaining evidence that the truck driver was intoxicated at the time of the disaster. Anderson & Cummings’ experienced Fort Worth truck accident lawyers will help you assess if you have a case, and if you do, we can assist you gather evidence to prove the truck driver was under the influence.
IMPAIRED DRIVING EVIDENCE
Our skilled truck accident attorneys may be able to collect evidence to determine the underlying cause of the accident, such as drunk driving. Some of the things we might look at are:
- Factors involved in the accident – Certain factors in the accident may indicate that impairment was a factor. For example, the motorist could have been driving recklessly or alternating between constant braking and accelerating. The driver may have entered other lanes without signaling and for no apparent reason.
- Drug Testing – Federal rules compel commercial drivers to be drug tested following some types of accidents.
- Medical records — If the driver is wounded and is taken to the hospital, he or she may be subjected to a variety of medical examinations, including having blood collected and tested for drugs and alcohol.
- Eyewitness accounts – Eyewitnesses may have witnessed the driver’s behavior before to the crash.
FEDERAL DRUG TESTING REGULATIONS
Drug and alcohol testing is required by federal law at the following times:
- Pre-employment — Before authorizing a driver to operate a vehicle, an employer must get a negative drug test result.
- Post-accident — Drug testing is necessary when there is a fatality, physical harm, or vehicle damage that necessitates towing.
- Random — Truck drivers must also be drug tested at random throughout the year.
- Reasonable suspicion – Truck drivers who appear to be under the influence of drugs or alcohol may be tested at any time and without notice.
- Drivers who tested positive for drugs or alcohol, refused a test, or violated federal drug testing criteria and completed the return-to-duty process must receive a negative result before they can resume driving.
- Follow-up exams are required for those who have successfully completed the return-to-duty process.
TESTING AFTER ACCIDENTS
Following an accident, testing must be conducted between two to eight hours of the accident. If testing is not performed within 32 hours after the accident, the employer must keep a record stating why the test was not given.
FOR FURTHER INFORMATION, CONTACT A SKILLED LAWYER
If you were involved in a truck accident and believe it was caused by an impaired driver, you should seek the advice of an experienced Allentown, PA truck accident lawyer.