The results of such testing may help prove liability and be used as evidence. For help with your case, speak to a Georgia truck accident lawyer -- 1-770-HURT-999 (1-770-487-8999).
Requirements for Post-Accident Truck Driver Test
The Federal Motor Carrier Safety Administration (FMCSA) oversees trucking industry regulations. With that, depending on the situation, truck drivers may be required by law to undergo testing for alcohol and/or controlled substances.
One of the requirements would be if the truck driver is given a citation as a result of the accident by local or state law enforcement. The accident must have resulted in bodily injury to an individual, resulting in emergency medical care or the loss of life.
In addition, if a vehicle had to be towed because it suffered disabling damage, this would also fall under the requirements for a post-accident truck driver test. Keep in mind that there is a certain timeframe in which the tests must be administered.
Alcohol Tests & Controlled Substance Tests on Truck Drivers
There is a required timeframe in which an alcohol test must be administered, which will depend on the circumstances. It is the employer’s responsibility to make sure the truck driver is tested.
If the employer fails to do so, they must prepare a record of why it was not done. That information should then be filed and ready in case the FMCSA requests it.
The same is true for a controlled substance test. In this case, it must be done within 32 hours of the accident. If the employer fails to have it done, they must prepare a record stating why and keep it on file.
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