Federal law does not call for post-crash drug and alcohol testing after every truck accident. The answer depends on a few specific facts, especially whether the crash caused a death or whether the driver received a citation for a moving traffic offense.
A fatal crash brings testing requirements
When a crash causes a death, federal rules require post-accident alcohol and controlled-substance testing. The rule can apply even when police do not issue a citation to the driver.
Those results may later become part of the evidence if the driver’s condition becomes an issue in the claim. The full federal post-crash testing rule explains the testing triggers and deadlines.
When does a citation make testing mandatory?
In a nonfatal crash, the law requires more than a citation by itself. The driver must receive a moving traffic citation and the crash must also involve one of the following:
- A person goes elsewhere for medical treatment
- A tow truck removes a disabled vehicle from the scene
If those facts line up, the company must arrange testing. Without both parts of that rule, federal law does not automatically require post-accident testing.
Short deadlines control how long the company can wait
Alcohol testing should begin as soon as possible. If the company does not complete that test within two hours, it must record why the delay happened. After eight hours, it must stop trying and document the reason.
Drug testing follows a longer outside limit. If the company does not complete the drug test before 32 hours pass, it must stop trying and explain the failure in writing.
Missing records can affect what the case can show
People with related truck accident injury claims may need to review whether the company followed these rules and kept the required records. Missing tests, late testing and incomplete reports may all affect what a case can later prove. A truck accident attorney can review the records and assess whether testing failures may affect liability or the strength of the claim.
