Commercial truck drivers transport goods across Texas, but the size and weight of 18-wheelers mean crashes can be catastrophic. One of the most critical safety measures in the trucking industry is post-accident drug and alcohol testing.
If you are involved in a collision with a commercial truck driver, understanding whether the truck driver had to undergo testing can be important to your personal injury claim.
Is Drug Testing Mandatory After a Commercial Truck Accident?
The Federal Motor Carrier Safety Administration (FMCSA) enforces strict rules about administering FMCSA drug tests after an accident. These regulations apply to all commercial drivers holding a CDL and operating vehicles in interstate commerce.
Under 49 CFR § 382.303, employers are required to conduct drug testing for controlled substances after an accident in some instances. These include if the crash meets any of the following conditions:
- A fatality occurs: A commercial truck driver must be tested, regardless of who was at fault, if the crash causes someone’s death.
- Bodily injury with a citation issued: Testing is mandatory if any person involved in the crash requires immediate medical treatment away from the scene, and the CDL driver is cited.
- Disabling vehicle damage with citation issued: Testing is required if a vehicle must be towed from the scene due to disabling damage, and the CDL driver is cited.
These conditions trigger what is commonly referred to as a DOT drug test after an accident. These requirements apply to all regulated commercial drivers.
Are There Any Drug and Alcohol Testing Deadlines?
Strict timeframes apply for CDL accident drug test procedures:
- Alcohol test: Must be conducted within 8 hours of an accident. If it cannot be completed within 2 hours, the employer must document why.
- Drug test: Must be completed within 32 hours of the accident. If the test is administered within this window, the employer must stop the attempt and document the reason for non-compliance.
Employers who fail to conduct timely tests or neglect to document their efforts could face penalties and open themselves up to legal liability if the driver is impaired. An Austin 18-wheeler accident lawyer could help you hold them accountable.
What Is Included in a DOT Drug Test?
A DOT drug test after an accident typically screens for the following five classes of drugs:
- Marijuana (THC)
- Cocaine
- Opiates
- Amphetamines and methamphetamines
- Phencyclidine (PCP)
Tests are most often conducted using urine samples. Trucking companies may also implement additional drug screening measures as part of their internal safety protocols.
What Are the Consequences of a Failed Drug Test?
A failed drug test after a car accident has profound implications for the driver and their employer. Under FMCSA rules, a driver who tests positive or refuses to take a required test must be immediately removed from safety-sensitive functions like driving.
To return to work, the driver must:
- Be evaluated by a Substance Abuse Professional (SAP)
- Complete the prescribed education or treatment
- Pass a follow-up drug and alcohol test
The driver’s CDL may be suspended until then, prohibiting them from operating any commercial vehicle.
Mandatory Reporting to the Texas Department of Public Safety (DPS)
Employers are required to report positive drug and alcohol test results to the Texas DPS. This includes any refusal to test, as well as adulterated specimens or substituted specimens. The reports are confidential but may be released under certain circumstances, such as those involving commercial driver’s license information.
Failing to comply with Texas commercial motor vehicle safety standards, including drug test reporting laws, is classified as a Class C misdemeanor. Officials may also impose administrative penalties under Texas statutes.
Injured in a Commercial Truck Accident?
Commercial truck drivers are required to undergo drug and alcohol testing in certain circumstances after an accident. Whether you are the victim of a serious truck crash or just want to understand your rights, you should understand the role of drug testing and what happens in the event of a failed test after an accident.
Contact an Austin truck accident lawyer to schedule a free consultation if you or a loved one has been injured.
Contact our Personal Injury Lawyers at McMinn Personal Injury Lawyers for Legal Help With Your Case
If you’ve been injured, contact your nearest McMinn Personal Injury Lawyers location to schedule a free consultation today.
We serve in Austin, TX and Salt Lake City, UT.
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