Because trucks pose such a huge risk, laws have been established to prevent impaired drivers from operating a vehicle. Truck drivers are subject to several state and federal laws, including mandated drug tests. In 1991, the Omnibus Transportation Employee Testing Act imposed the Department of Transportation companies to give drug and alcohol tests to employees. In addition to the tests, there were specific guidelines regarding the amount of testing that must occur and whether employees were able to return to work if they violated the drug and alcohol testing. The Federal Motor Carrier Safety Administration is in charge of defining drug and alcohol testing regulations for truck drivers, bus drivers, and other entities who require a commercial driver’s license.
Who is Given the Test?
Most drivers who operate a commercial vehicle are required to partake in drug and alcohol testing. It doesn’t matter if the driver is full-time, part-time, seasonal, backup, or whatever the case may be–everyone is still subject to test.
When Are the Tests Given?
Prior to working for a trucking company or any other commercial vehicle company, drivers are required to take a drug test as a pre-employment condition. In order for someone to become a permitted driver, he or she must receive a negative drug test result. Additionally, if a truck driver is involved in a crash, he or she may be obligated to take a drug test after the incident. However, this is dependent on the severity of the crash and other circumstances. Also, truck drivers are required to be tested randomly throughout the year. Employees do not need an advance notice of the test either. If an employee is suspected to be under the influence of drugs or alcohol, then he or she may be tested. The drug tests previously explained are enforced by the Department of Transportation. However, it is also important to know that there are private drug test requirements that need to be met as well. For instance, employers can enforce additional testing requirements for their employees. They can even test for other types of drugs. In addition, if a driver chooses to refuse to take a drug or alcohol test, then it usually means that it is equivalent to a positive result.
If you suspect that a truck driver or any kind of commercial driver was under the influence of drugs or alcohol during the time of a crash, then you should seek legal help from our Newport Beach truck accident attorneys. We will be able to look further into a situation and will get you the help you need to determine that the truck driver contributed to the accident.
List of Drugs Tested
There are a number of drugs that may be tested, such as:
- Alcohol tests that result in a reading of 0.02 or higher
Contact Newport Beach Truck Accident Attorneys
If you or someone you know have been hurt or killed in a truck accident due to a truck driver that may have been impaired, it is imperative that you get in contact with our team of truck accident lawyers Newport Beach. At Accident Lawyers Firm, we have successfully represented many victims of truck accidents. We fully understand the laws and regulations that are in place in order to protect victims of a truck accident. An attorney will be able to advise you on the immediate steps that need to be taken in order to collect evidence and determine whether the truck driver was impaired. The sooner you get in contact with our team of truck accident attorneys Newport Beach, the sooner we will be able to preserve the evidence related to your case. We understand that dealing with the aftermath of a truck accident is extremely detrimental, therefore, we want victims to know that they are not alone during this tragic time. We offer free consultations, which means that you do not have anything to lose by contacting us for legal help. In addition, we work on a contingency fee basis, which means you do not have to pay a thing unless we win your case. Get in contact with a personal injury attorney in Newport Beach to get the help you deserve.