The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry. It requires that employers perform drug testing of a driver after most accidents. In summary, a driver must be tested whenever he receives a citation for an accident or whenever someone dies in the crash.
Any driver who refuses to be tested following an accident should be suspended, as should any who fail the test. The driver can only return to duty after completing the return-to-duty process and passing another drug test. The driver cannot return to duty until he gets a negative test.
As an accident victim, you should be intensely interested in the results of the drug testing. If the driver was impaired, then your case to receive compensation just got easier. No driver should be operating a big rig after drinking or doing drugs. Our attorneys know how to request the results of this mandatory drug testing, and we can use the information to your benefit.