If a commercial truck driver causes an accident in Ohio, the truck driver does not always have to take a drug test. The Federal Motor Carrier Safety Administration (FMCSA) regulates drug testing requirements. For a truck driver to be given a drug test after an accident in Ohio, the accident must meet certain criteria.
After most minor accidents, the truck driver does not have to take a drug test. Without a drug test, it can be hard to prove that the truck driver was under the influence at the time of the accident. If you were in a truck crash and you suspect the truck driver was under the influence of drugs or alcohol, Bressman Law can help build your case. You can call us for a free case evaluation with a truck accident lawyer from our team.
Post-Accident Drug Testing Laws Pertaining to Truck Drivers
There are specific rules that regulate post-accident drug testing for truck drivers. If one or more of the following criteria apply to your case, the truck driver must undergo testing.
Someone Died as a Result of the Wreck
If there was a fatality due to the accident, the truck driver involved must undergo a drug screening.
The Truck Driver Received a Citation Due to Causing an Injury
At times, no one receives a citation at the scene, and liability is determined after an investigation. However, when the authorities believe a motorist violated traffic laws prior to the crash, local or state police might issue a citation on the scene. When this happens, the truck driver who received the citation must submit to post-wreck drug testing.
A Vehicle Needed a Tow and the Truck Driver Received a Citation
If the wreck was serious enough to disable a vehicle, the vehicle required towing away, and the truck driver received a citation at the scene of the crash, he or she must undergo drug testing.
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Testing at the Scene
If the responding officer has a suspicion that the trucker was driving under the influence at the time of the wreck, he or she could conduct sobriety testing at the scene. This testing could consist of a blood alcohol content (BAC) screen and coordination tests on the side of the road.
If the officer suspects drug use, he or she can then detain the truck driver. In this case, the trucker would undergo a drug screening at the police station.
Is There Anything Else to Know About Drug Testing?
Under FMCSA rules, these tests must occur within 32 hours of the accident. The truck driver’s employer must arrange the testing within local, state, and federal drug testing guidelines, which means an independent lab will do the screening. If the trucker’s employer violates any of these rules, the company may have committed negligence.
What are the Drug Screening Responsibilities of Having a CDL License?
A CDL license puts a lot of responsibility in the hands of the truck driver. Licensed commercial truckers have permission to operate large and dangerous trucks that greatly exceed the weight of a normal vehicle.
To get a CDL, all potential drivers must undergo a medical screening and pass a pre-employment drug test. Trucking companies can also conduct random testing or order a test under reasonable suspicion.
Using These Requirements to Help Your Case
If the driver in your case has failed random drug screens in the past, this can show a pattern of drug abuse and negligent driver behavior. If we find that the trucking company has not performed random testing, it could also constitute negligence.
We might be able to hold the trucking company responsible for your crash-related damages if it failed in its drug-testing duties and allowed a dangerous trucker on the road.
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What a Lawyer From our Team Can do for Your Case
In addition to helping you to demonstrate negligence on the part of the truck driver, we can help you gather other important forms of evidence and fight for your fair compensation.
You can count on us to:
- Determine the costs of your losses—past, present, and future
- Demonstrate the severity of your injuries
- Gather expert witness testimony, if needed
- Handle the communications and negotiations with an insurance company
- Process paperwork
- Ensure that your case complies with the state’s statute of limitations, per Ohio Revised Code (ORC) §2305.10
We can manage every step of your case for you so that you can focus on recovery. We will keep you updated on the progress of your case, inform you of your legal options, and advise you on when you may want to accept a settlement offer.
Compensation We Could Help You Seek
Your case could reflect most, if not, all forms of your losses—both economic and non-economic. We can help you recover your accident-related costs, including:
- Medical expenses: Such as hospital bills, surgeries, medications, physical therapy, visits to a doctor, and more
- Income losses: From days you missed at work because of your injuries or a reduced ability to work moving forward
- Pain and suffering: Reflecting the pain and other challenges caused by your injuries
How You Can get Help From a Truck Accident Lawyer
If you were in a truck crash in Ohio and the driver was under the influence of drugs, it is important to your liability claim. At Bressman Law, we can investigate your case and collect evidence of negligence on the part of the trucker or the trucking company. We will help you pursue the compensation you deserve.
Call us now so we can get to work for you.