As a Virginia truck crash injury attorney, I am familiar with the federal motor carrier safety rules, which apply when a big rig causes a wreck. When a commercial vehicle causes an accident, a series of tests must be done in order to check for all causes of the accident. The tests that need to be provided are alcohol tests and controlled substance tests.
When a commercial vehicle driver causes an accident, certain guidelines must be followed. If an alcohol test is not administered within two hours of the accident, the employee of the truck company a file must be made to explain why the test was not promptly administered. If the test is not administered within 8 hours of the accident, attempts to administer the test shall cease and a file must be made explaining why the test was not administered within two to eight hours of the accident.
A controlled substance test must also be administered within 32 hours of the accident. If failure to administer the controlled substance test within the 32 hours, the attempts of administrating the test shall cease and a file must be made stating the reasons the test was not promptly administered. When a commercial vehicle driver causes an accident, these guidelines must be followed, so that the authorities know if drugs or drinking was a factor. If you were injured in an accident caused by a truck driver, please contact our Virginia personal injury law firm and we may be able to help. As experienced trucking litigators, we know what documents must exist from drug and alcohol testing and know how to get them.