September 14, 2020

What Happens if a Trucking Company Fails to Test a Truck Driver After an Accident?

Understanding FMCSA Mandatory Testing

Victims who are injured by a tractor trailer may have many questions.  This is particularly true if a loved one was wrongfully killed by a negligent truck driver.  Victims and their families should know that whenever a loved one is seriously injured or wrongfully killed, they should ask our Los Angeles mandatory testing accident lawyer for a FREE case review to learn what their rights to compensation may be under California or federal law and regulations.

This is because, after a commercial vehicle driver is involved in a DUI incident it can be required under FMCSA mandatory testing requirements that the driver take drug and alcohol tests after an accident involving

  • Human fatalities
  • If anyone requires medical attention away from the scene when the driver has been cited for a moving violation that has those caused injuries
  • When at least one accident vehicle is so disabled it cannot be driven from the scene and the commercial vehicle driver has received a citation for a moving violation

There are strict compliance timelines for drivers to complete any post-accident testing and failure to do so can result in severe penalties.

Even when an officer on the scene has administered testing in the way of a breathalyzer or other evaluation for a DUI, this does not satisfy testing requirements imposed by the federal Department of Transportation regulations.

While this testing is federally regulated, many trucking companies will fail to comply which exposes them to liability for accidents caused by drunk truckers.

If you have been injured in an accident caused by a drunk trucker who had previously failed drug or alcohol testing or failed to take a required test, you may be entitled to compensation for your injuries from the trucking company itself. Getting the advice of an experienced Los Angeles FMCSA mandatory testing accident lawyer is critical in these instances. For more information and a FREE case review, contact us today at (888) 588-1777.  We are ready and willing to help.