The law generally holds truck drivers to a higher standard of care than regular motor vehicle drivers. This is because the drivers of large trucks, including tractor-trailers and big rigs, drive professionally. They must pass more stringent driving tests than other motor vehicle drivers and must normally obtain a special driver’s license that allows them to operate commercial vehicles.
When truck drivers operate their vehicles while they are under the influence of drugs or alcohol, they put everyone else’s life in danger. If you or a loved one suffered injuries in a motor vehicle accident involving an impaired truck driver, the skilled Gwinnett County, Georgia, legal team at Brauns Law can pursue the compensation you deserve.
Drug Testing Following a Truck Accident
Before obtaining their commercial driver’s license (CDL), truck drivers must pass a drug screening, pursuant to Federal Motor Carrier Safety Administration regulations. These regulations mandate that all trucking employers submit their drivers to a drug test before letting them operate a commercial vehicle on a highway or roadway in the state. Trucking employers must also administer a required number of random drug tests to their drivers every year.
Following a motor vehicle accident involving a large truck, tractor-trailer, or big rig, the majority of trucking companies administer a drug test, solely for insurance purposes. If the truck driver receives a citation after an accident, the trucking company employer must administer a drug test.
Refusing a Drug Test
When a commercial truck driver refuses to take a drug test after a motor vehicle collision, the driver must follow the “return to duty process.” The United States Department of Transportation sets out this process, and as a part of this process, the truck driver must do the following:
- Make an appointment with a substance abuse counselor
- Pass a drug test
- Undergo six random drug tests over the course of the following 12 months
In cases where a truck driver appears to be under the influence of alcohol or drugs, the truck driver’s supervisor or employer may require the driver to undergo an immediate screening for alcohol and drugs. When it comes to the type of drug testing, trucking companies most commonly use urine testing and hair testing.
Talk to a Gwinnett County, Georgia, Truck Accident Lawyer Today
If you sustained injuries in a truck accident that an impaired truck driver caused, you may file a claim or lawsuit against the offending truck driver, as well as the driver’s employer trucking company in some cases. The truck accident lawyers at Brauns Law can help you do that and work towards obtaining financial recovery on your behalf.
To schedule a free consultation and case evaluation with a Gwinnett County, Georgia, truck accident lawyer, please call us at (404) 418-8244, or contact us online today.