March 16, 2018

 by Caruso Law Offices, P.C. | 

Drug and Alcohol Testing After an Albuquerque Trucking Accident: When the FMCSA Requires Testing

Being injured in an Albuquerque trucking accident is frustrating. After all, these truck drivers drive for a living. They are supposed to be both good at their job and competent enough to do it safely. Truck drivers are expected to know the law and follow it. That is why victims may be frustrated after being injured in an 18 wheeler wreck. But what may be even more frustrating is when that big rig wreck was caused by a truck driver who fails a drug or alcohol test.

Indeed, truck drivers do drive drunk or while drugged. Some truck drivers believe it is okay to consume alcohol on their shift or even while they are driving. Other truck drivers use illegal drugs like cocaine to stay awake in violation of the hours of service laws. These uses of drugs and alcohol is very dangerous to the public in general, especially on fast-moving interstates and highways where crashes could be fatal.

This is why the Federal Motor Carrier Safety Administration, or FMCSA, has enacted regulations requiring drug and alcohol testing. If you are the victim of an Albuquerque trucking accident, the FMCSA regulations may require the truck driver to be tested for drug or alcohol use. A victim may be able to use the results of this drug and alcohol test to help proof his or her case against the negligent truck driver and liable truck driver.

Who Gets Tested: Any truck driver (a CDL driver) can be tested, whether full time, part time, or backup.

What Substances are Tested After a Trucking Accident: Marijuana, cocaine, opiates, amphetamines/methamphetamines, PCP, and alcohol. Local law enforcement may test for additional substances.

When Does Testing Occur After a Trucking Accident: There are various instances when a truck driver gets tested after a trucking accident. These include when a person has died, body injury with immediate medical treatment, and damage to a vehicle resulting in it being towed away or totaled. Law enforcement may also test drivers based on reasonable suspicion after any trucking crash, even a low speed one.

What if the Truck Driver Refuses a Test? If a truck diver causes an Albuquerque trucking accident and refuses testing, either per the regulations or a law enforcement officer’s request, the refusal is the equivalent of a positive test result for drugs or alcohol. This can also be used in your personal injury lawsuit.

Victims of Albuquerque Trucking Accidents May be Entitled to Use Drug and Alcohol Test Results Pursuant to the FMCSA Regulations in Their Case

If a truck driver tests positive or refuses to submit to a drug or alcohol test, FMCSA regulations and New Mexico law will be violated. These violations can be used by a victim to help prove liability in an Albuquerque trucking accident. This may allow a victim to recover compensation for pain and suffering, lost wages, lost earnings, and medical expenses.

If you were injured in an 18 wheeler wreck or big rig crash, call our experienced Albuquerque trucking accident lawyers at the NM Truck Accident Attorneys to learn what your rights to compensation may be by dialing (505) 308-1556. You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

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