Accident Circumstances Revealed from Post-Accident Testing Evidence

When your auto accident involves a commercial truck, the driver is required by federal law to be tested for the presence of alcohol and controlled substances at the time of the accident. The only exception to this requirement is when the truck driver does not receive a citation (unless a human fatality is reported).

Alcohol testing is required to be administered within 2 hours following the accident. If the test is not promptly administered, the employer must maintain a record stating the reasons for this delay. If the test is not administered within 8 hours of the accident, the employer must cease the attempts to test and prepare the same record.

Controlled substance tests must be administered within 32 hours following the accident. If the test is not administered within this time allowance, the employer must cease attempts and prepare a record stating why the testing was not promptly administered.

These records are to be submitted to the Federal Motor Carrier Safety Administration (FMCSA) upon request and can be used as evidence in the trucking accident claim. Testing conducted by a federal, state or local official with authority for performing such tests can be considered to meet the FMCSA reporting requirements.

If you are seeking to file an insurance claim for a trucking accident, you should know what kind of evidence you need for your case. The evidence of post-accident testing can often be difficult to obtain on your own, and our article can help you become familiar with how to get evidence against a truck driver or company. 

Individuals often have trouble gaining access to sensitive information when trying to collect evidence for their truck accident claims. An experienced Chicago truck accident lawyer at The Law Offices of Barry G. Doyle, P.C. will be able to help you obtain the proper evidence for your claim. Contact us today for a free case evaluation. 312-263-1080.