Murphy & Landon, P.A.
Schedule a free initial consultation today
Phone: 302-482-4381 Toll-Free: 866-939-8100
se habla espa├▒ol

Drug and alcohol testing after a Delaware truck accident

Being involved in a truck accident is something that is on many commuter's minds this time of year as local highways and interstates are coated with ice, snow, rain or all of the above. However, truck accidents can occur at any time of the year. This is because many accidents are caused not by weather conditions, but also by driver error or truck company negligence.

Following truck accidents, or any type of vehicle accident for that matter, it is important to determine if impairment played a role in the wreck. After all, countless preventable accidents occur every year in Delaware simply because of the negligent decision to drink and drive. Unfortunately, commercial vehicle drivers are not immune to bad choices and truck accidents are the likely results of such decisions.

When serious truck accidents take place, the Federal Motor Carrier Safety Association (FMCSA) requires that certain steps are followed to ensure truck drivers are tested for drugs and alcohol. Carriers, which are regulated by the FMCSA, must employ drivers who have passed a drug screening prior to being hired as a driver. In addition, carriers often randomly drug test their drivers during their course of employment. Under certain conditions, post-accident drug test also takes place.

If a truck driver receives a moving violation within 32 hours of the incident, and the accident itself involved either bodily injury or a disabled or towed vehicle, that driver is likely to be subject to post-accident testing for drugs or alcohol. Likewise, if the driver was, at the time, performing what are known as "safety-sensitive" functions and the incident was fatal, he or she is also likely to be subjected to drug and alcohol testing.

Truck accidents are often huge calamities with costly consequences for all involved. Victims of the incident may be inclined to discuss the facts of their case with an experienced truck accident attorney, who can explain the procedures involved in obtaining recovery from a drunk truck driver.

Source: FindLaw.com, "Post-Accident Drug Testing Laws Overview," accessed on Jan. 23, 2017

No Comments

Leave a comment
Comment Information
  • 10 Best 2017 | Attorney | Client Satisfaction | American Institute of Personal Injury Attorneys TM
  • The National Trial Lawyers | Top 40 Under 40
  • The National Trial Lawyers | Top 100 Trial Lawyers
  • National Academy of Personal Injury Attorneys | NAOPIA
  • Super Lawyers | 2017
  • The National Trial Lawyers | Top 100 Trial Lawyers
  • American | Association for | Justice

Murphy & Landon

1011 Centre Road, Suite 210
Wilmington, DE 19805

Toll Free: 866-939-8100
Phone: 302-482-4381
Fax: 302-472-8135
Wilmington Law Office Map

Murphy & Landon