TESTING FOR DRUGS IN TRUCK ACCIDENT CASES

Statistics for truck accidents suggest that large trucks are annually involved in roughly 450,000 crashes per year. From those 450,000 accidents there are 101,000 injuries and 4,500 deaths per year. These statics are shocking when you consider that with 4,500 deaths per year that means that there are an estimated 12 deaths per day as a result of a trucking accident.

In some instances, drugs or other controlled substances may play a part in the truck accident. Because of the dangers and the deadly impact of these crashes, federal laws require that that in some cases motor carriers must test for controlled substances after an accident has occurred. 49 C.F.R. 382.303 establishes that after an accident, more carriers shall test for controlled substances:

a.) If the accident involved the loss of life or,

b.) If a driver receives a moving traffic violation citation arising from the accident within 32 hours of the accident, if the accident involved:

1.) Injury to any person receiving medical treatment away from the scene.

2.) One or more vehicles involved must be transported away from the scene.

Further, if a controlled substance is not administered with 32 hours following the accident, the Federal Regulations mandate that the employer must stop all attempts to administer a controlled substance test and shall prepare and maintain on file a record stating the reasons the test was not promptly administered.

These and other Federal Regulations are designed to encourage safe truck driving and maintain safe roadways for the public’s safety. The regulations impose not only stringent requirements on the drivers but impose affirmative obligations on the carriers as well.

If you or a loved one has suffered an injury in a trucking accident we invite you to contact Givens Givens Sparks for a free case evaluation. www.givenssparks.com

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