Drug and Alcohol Testing Procedures

North Carolina and South Carolina Truck Accident Lawyer

To maintain safe roadways for drivers, state and federal lawmakers are cracking down everywhere on drunk and intoxicated driving. While an accident that involves an intoxicated driver can be catastrophic, collisions involving semi-trucks can be even more deadly. Fortunately, there are many laws and regulations to keep drunk or intoxicated drivers off the road—yet accidents still happen.

Lawyer Brian Steed Tatum has years of experience in helping North Carolina and South Carolina’s injured drivers and their families in dealing with the devastating consequences of truck collisions. His puts his experience to work for each client in order to ensure that his injured clients receive the compensation they deserve.

Drug and Alcohol Testing Regulations and Procedures

In 1991, the Omnibus Transportation Employee Testing Act was passed and requires that the Department of Transportation’s agencies implement drug and alcohol testing of safety-sensitive transportation employees. This act also applies to trucking company drivers covered by the Federal Motor Carrier Safety Administration (FMCSA) rules.

The FMCSA also implemented regulations that identify those drivers who need to be tested, when they may or must be tested, and in what situations testing may or must occur. These regulations also identify when a trucking company may test drivers and when the company is required to test drivers. Finally, the regulations impose privacy protections and restrictions on employers and service agents against the use and release of sensitive drug and alcohol information.

In general, these regulations require pre-employment drug testing, reasonable suspicion drug testing, random drug testing, and post-accident drug testing. Pre-employment drug testing must occur before a trucking company can allow a driver to perform sensitive safety duties. If an employer or trained supervisor has reasonable suspicion that a truck driver has consumed drugs or alcohol, then the employer has a duty to test that driver for drugs and/or alcohol on the basis of this reasonable suspicion. The FMCSA also requires that random drug testing must take place subject to specific requirements and restrictions. The truck driver must not have advance notice of his or her drug testing.

In some circumstances, post-accident drug or alcohol testing may be required. When truck accidents occur, the employer may be required to test the driver for drugs or alcohol. However, since this is not always mandatory, it is important to contact an experienced lawyer as soon as possible in order to determine your rights and responsibilities.

Truck Accidents Involving Drugs or Alcohol

Being involved in a collision with an 18-wheeler can be devastating. If the accident was caused by the truck driver’s use of drugs or alcohol, then you deserve to be compensated for your injuries, pain and suffering, and property damage.

The Tatum Law Firm knows the effects of truck accidents and has years of experience in litigating and representing clients who have been involved in commercial vehicle or truck accidents.

Our experienced truck accident lawyer, Brian Steed Tatum, will manage your case and pursue your claim in order to ensure that you are justly compensated. If you or a loved one suffered an injury or someone was killed in a truck accident caused by a violation of drunk driver laws, then please contact our office for assistance at (704) 307-4350 or online for a free case evaluation.