In an Accident Caused by an Impaired Driver? Consult With Our Injury Lawyer
Drug testing is becoming a thing of the past, but it is still necessary for some industries. According to a study by Quest Diagnostics, drug use has been on the rise. For 14 years, cannabis has been the most popularly used substance. Nearly 3% of all employees test positive.
Very few jobs disclose drug testing as an onboarding requirement, making it a nerve-wracking experience for many. Regardless of if you're sure you'll pass, there is a lot at stake as you plan to start your new role. Similarly, truckers must also get tested after an accident on the road. In this article, we provide insight into the drug test process and what to expect. We also explain when truckers and survivors should reach out to a Los Angeles personal injury lawyer.
Why Do Companies Conduct Pre-Employment and Random Drug Tests?
The Federal Motor Carrier Safety Administration (FMCSA) requires truck drivers to get tested before operating a commercial vehicle. Everyone is subjected to an assessment whether they work full-time, part-time, seasonal, or are backup. Random drug tests are also a part of the deal – and often an unspoken rule. Employers need to meet a quota for the number of drug tests administered annually. If 10% or more drivers get checked, they fulfill the requirement. Owner-operators must undergo the same to ensure the company operates safely; secure the well-being of staff and drivers on the road. It will specifically look out for:
- Alcohol abuse
Survivors often describe their encounter with a tractor-trailer as scary and life-threatening. If you or a loved one got hurt in an unexpected accident and your car sustained damage in the crash, our attorney for tractor-trailer accidents can address your concerns during a free consultation.
Drug Testing After an Accident
In a typical car crash or pedestrian accident, everyone involved should stop and report the incident to law enforcement. Whether you share liability, check for injuries, and make sure to take it easy before emergency services arrive at the scene. Truck accident attorneys in LA also suggest taking photographic evidence and exchanging information with other witnesses. It will help your case greatly should you need to start an injury claim.
After truckers get into an accident and receive a citation, the requirements are slightly different. The FMCSA advises most companies to administer a drug screening to employees immediately for insurance adjusters. In cases of wrongful death, the driver gets screened even when a citation doesn't get issued.
Other Testing Circumstances to Be Aware Of
In a personal injury lawsuit, drug tests may be a critical factor for the plaintiff. With it, an LA truck accident lawyer can gauge the number of damages to recover. The aftermath is consequential when reports show they are positive for substance abuse or they refuse the test. The Department of Transportation offers mandatory return-to-duty training if so. It requires them to sit down with a substance abuse professional and pass six random drug tests within 12 months.
Urine vs. Hair Tests
In previous years urine testing was a widely accepted protocol at trucking companies. Though, as of 2016, a federal bill changed the policy to use hair follicles instead. Testing the hair was more reliable because toxins often remain in them longer (90 days). When J.B. Hunt Transport Services, Inc. implemented this security measure, they have not had many post-accident positive drug tests since 2008.
- Negative results get determined within 24 hours of hair removal.
- Positives confirmed after 72 hours.
- Inconclusive is uncommon – unless the hair got collected improperly.
Preparing For the Drug Test
If you were in an accident, sober, and got caused by an oncoming driver, this exam may work in your favor. When you prepare for the screening, be sure to make prescribed medications accessible and available. Sometimes truckers receive false positives for strong prescriptions. We understand that this is an inconvenient process when you don't share fault, but it's a part of the job. It keeps unsafe drivers off the road.
Contact Los Angeles Truck Accident Lawyers to Recover Damages
The medical costs associated with surviving a truck accident can be vast. We can start investigating to the best of our ability the sooner you reach out to our team of Los Angeles truck accident attorneys. Getting routine medical treatments, taking time off work, or mourning the loss of a loved one can be emotionally exhausting. At Gutierrez Law, we are here for you every step of the way. When you refer to our law firm, you choose a legal team with a complete understanding of California law and regulations regarding truck accidents. Don't delay your chance at getting the damages owed to you.
About The Law Offices of Oscar H Gutierrez
Our law firm specializes in helping those injured due to an accident or someone else's negligence. Navigating the insurance agencies and legal framework for compensation can be difficult, especially if English is not your first language. That's why you should call the bilingual lawyers of The Law Offices of Oscar H Gutierrez to make sure you get compensated for your pain and suffering.
When you meet with one of our English-speaking and Spanish-speaking personal injury attorneys, you can tell them how your accident occurred and who might be responsible. Your attorneys will then launch an investigation into your accident and the events surrounding it to find who is responsible. If someone was negligent and their lack of care led to your injury, they will build a case to make sure they pay your medical bills. You should contact our law firm if you got injured in a:
- Car accident
- Motorcycle accident
- Bike accident
- Rideshare accident
- Pool accident
- Dog attack
- Workplace accident
We can also help you with product liability and premises liability suits. Don't leave your medical bills and property damage to chance; instead, hire a law firm that can win you the maximum settlement. Contact our office for a free consultation at 323-999-3500 or email us at email@example.com.