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Attorneys Albert Cohen and Charles Haviv

You Deserve
A Personal Injury Lawyer
You Can Trust

Mandatory Testing After Queens Trucking Accidents: FMCSA Regulations

| May 13, 2020 | Truck Accidents |

FMCSA Regulations Requiring Mandatory Testing After Queens Trucking Accidents

There are many possible causes of commercial trucking accident with large trucks such as big rigs, tankers, box trucks, and other semi tractor trailers.  While many of these common causes are due to roadway accidents, meaning running stop signs or improper turns, some of these common causes are due to other factors affecting the driver.  This includes drunk driving or drugged driving.  According to the National Highway and Traffic Safety Administration (NHTSA), drunk driving accidents result in more than 10,000 fatalities each year.  Of these fatalities, statistics reveal that 43.6% tested positive for either alcohol or drugs, and half of them had two or more substances in their system.  In fact, 12.8 million motorists admitted to driving after using illicit drugs in a study conducted by the National Institute on Drug Abuse.

mandatory FMCSA testing drunk driver queens trucking accident lawyers

This is why Federal Motor Carrier Safety Administration (FMCSA) regulations require trucking companies to test their truck drivers in certain instances for alcohol or drugs.  These tests are mandatory and the failure of a truck driver to cooperate constitutes a refusal.  Moreover, the failure of the trucking company to cooperate could also result in liability for the trucking company.  These mandatory tests can be particularly helpful for victims and their families who are injured in trucking accidents occurred in New York City, Queens, Long Island, or anywhere else in New York.  Our experienced Queens trucking accident lawyers know how to use the FMCSA regulations and these mandatory drug tests to establish liability against a truck driver and trucking company.

When Does Mandatory Testing After Queens Trucking Accidents Take Place?

Mandatory post-accident testing is governed by the FMCSA regulations under 49 CFR section 382.303.  It requires a trucking company to test a driver “as soon as practicable” after an accident for either drugs or alcohol in certain situations.  Generally, alcohol testing must be done within two hours and controlled substance tests must be conducted within 32 hours after an accident.

The following is when a trucking company must test a truck driver for alcohol or drugs:

Human fatality: Always test

Bodily injury with immediate medical treatment away from the scene: Only test when the truck driver receives a citation/ticket for the accident

Disabling damage to any motor vehicle requiring tow away: Only test when the truck driver receives a citation/ticket for the accident

Reasonable Suspicion a truck driver appears under the influence: Always test, even outside of an accident or incident, a trucking company must immediately test the driver under 49 CFR 382.307.

Ask Our Queens Trucking Accident Lawyers to Use Mandatory Testing to Help Your Case

When Queens trucking accidents are caused by a truck driver who must get tested, a victim and his or her family may use the test results—or lack of a test being performed—as evidence of negligence against the trucking company and truck driver.  This can be used to help prove fault in a trucking accident to recover damages for personal injuries.  

But most personal injury lawyers do not know about these FMCSA regulations and how they can be used as a sword in your case.  This is why victims and their families need to retain an experienced Queens trucking accident lawyer such as our lawyers at COHEN & COHEN PERSONAL INJURY LAWYERS, P.C.   Learn what your rights may be by calling 800-247-8164 for a FREE case evaluation or use our convenient and easy-to-use contact us box available here.  

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