Driving under the influence of drugs, be it illicit drugs or controlled substances, can increase the risk of accidents. Many drugs can affect a driver’s ability to operate a vehicle safely, causing symptoms like drowsiness, lack of coordination and slowed reaction times.
Hence, drivers and trucking companies must follow the drug testing rules set by the Federal Motor Carrier Safety Administration (FMCSA) and the Department of Transportation (DOT).
If you were injured by a truck driver under the influence of drugs, understanding drug testing rules could help you determine liability. Here is some basic information you need to know.
When should truck companies conduct drug tests?
The FMCSA and DOT require drug testing for employees with commercial driver’s licenses (CDLs) who drive commercial motor vehicles on public roads. Employers conduct drug tests on various occasions, including:
- Pre-employment: The DOT requires drivers to receive a negative drug test before operating a commercial vehicle.
- Post-accident: Employers may conduct drug tests if employees get into accidents, especially when injuries or fatalities occur.
- Random drug tests: CDL drivers may undergo random drug testing throughout the year.
- Reasonable suspicion: An employer can drug test a driver who appears to be under the influence of drugs.
Similarly, employers may need to test drivers who return to work after testing positive for drugs the first time.
When is an employer liable for an impaired driver?
The DOT requires certain drug testing procedures for employers with CDL drivers. That said, employers can be vicariously liable if a driver causes an accident while impaired by drugs.
Why? Because such incidents may stem from the employer’s failure to ensure their workers drive while sober. Moreover, a driver being able to work while under the influence might suggest a gross lack of monitoring or supervision.
When the employer is responsible, that means you could hold them liable for your injuries.
How can you recover compensation?
Accidents stemming from drug-impaired driving often involve inexcusable negligence, both on the part of the driver and their employer. If you or a loved one were injured by an impaired driver, you deserve compensation for medical expenses, vehicle repair costs, emotional distress and other damages.
Filing a personal injury claim may be the best way to recover the compensation you need. Consider talking to an attorney who can guide you through the process, determine who is liable and fight for your right to fair recompense.