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When a large commercial truck is involved in a collision, one of the first questions that often arises is whether the driver was under the influence of drugs or alcohol. In Texas, the answer depends on the circumstances surrounding the crash. Federal law requires commercial drivers to undergo drug and alcohol testing in specific scenarios, and these results can play a significant role in a personal injury claim.
If you’ve been injured in a crash with a big rig, it’s essential to understand when testing is required and how the results can affect your case.
When Are CDL Drivers Required to Take a Drug or Alcohol Test?
Federal regulations, which apply to all commercial drivers in Texas, outline specific situations where post-accident testing is mandatory.
After a qualifying crash, drivers must be tested for drugs and alcohol if:
- The crash results in a fatality.
- Someone requires medical treatment away from the scene, and the truck driver receives a citation.
- Any vehicle is towed from the scene, and the truck driver is cited.
These rules exist to ensure accountability and safety. Even if the truck driver wasn’t obviously impaired, testing is required under these conditions to confirm whether drugs or alcohol played a role in the crash.
How Quickly Must a Driver Be Tested After a Crash?
Time matters when it comes to post-accident drug and alcohol testing.
For the results to be valid and compliant with federal regulations, tests must be conducted promptly:
- Alcohol testing must occur within 8 hours of the collision.
- Drug testing must occur within 32 hours.
If the required tests are not completed within these timeframes, the trucking company must document why it was unable to comply. Failure to do so could indicate negligence or noncompliance and provide your legal team with robust evidence in your injury case.
What Substances Are Commercial Drivers Tested For?
When a commercial driver is required to submit to post-accident testing, both alcohol and drug use are evaluated.
The drug test typically screens for:
- Marijuana (THC).
- Cocaine.
- Opioids.
- Amphetamines.
- PCP.
These substances are considered among the most dangerous when operating a vehicle. Alcohol is tested using a breathalyzer or other certified method, and both types of tests must follow strict protocols to maintain integrity and legality.
What Happens If the Driver Tests Positive or Refuses Testing?
If a truck driver tests positive for drugs or alcohol after a crash or refuses to take the test, they face serious consequences. The driver is typically removed from any driving duties immediately and must complete a substance abuse program and follow-up testing before returning to work.
For your injury case, a positive test or refusal strengthens the argument that negligence occurred. It may also expose the trucking company to liability, especially if they failed to conduct background checks, properly supervise the driver, or follow federal safety regulations.
How Glen Larson Law Injury Attorneys Uses Testing Results to Pursue Justice
At Glen Larson Law Injury Attorneys, we know what to look for after a truck crash. Our legal team understands the rules surrounding post-accident drug and alcohol testing, and we act quickly to secure evidence that could be vital to your case. We investigate whether testing occurred, review how it was handled, and uncover whether the trucking company followed federal and state laws.
If there was a breakdown in safety procedures, we’ll find it and we’ll fight to make sure you get the compensation you deserve.
Hurt in a Texas Truck Crash? Let Us Investigate the Full Picture.
If you or someone you love has been injured in a collision with a commercial truck, don’t wait. The sooner you contact our team, the sooner we can begin preserving evidence, including time-sensitive drug and alcohol testing results.
At Glen Larson Law Injury Attorneys, our Texas personal injury attorneys provide the legal protection you need, day or night. Call (512) 883-0277 or contact us online for a free consultation. We’ll come to you, listen to your story, and begin building a case designed to deliver results.
