Truck Accident Injury Rules
Q: I was injured in a New York truck accident and wondered if there are special rules about drug and alcohol testing for commercial truck drivers?
A: The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) regulates the drug and alcohol testing of commercial truck drivers. According to the FMCSA, commercial truck drivers are required to have a written policy that outlines their alcohol and drug program. These rules were established in order to prevent a New York truck accident.
According to the FMCSA rules, every motor carrier’s drug and alcohol policy must be provided to each truck driver, as well as submitted to union representatives. This policy must be provided before the motor carrier begins their required drug and alcohol testing. Furthermore, every individual truck driver must provide a signed receipt showing that they have received the drug and alcohol policy.
In order to comply with FMCSA regulations, a motor carrier must:
• establish a company drug and alcohol policy;
• designate a company official to run their drug and alcohol program;
• be aware of which employees must be tested for alcohol and drugs;
• establish a contract with a drug and alcohol collection service and medical review officer;
• train driver supervisors to administer reasonable suspicion testing;
• educate employees on testing procedures, consequences of refusal, consequences of positive testing and post-accident testing procedures;
• provide education materials;
• obtain the required, signed release and permission forms; and
• know the procedures when an employee tests positive for alcohol or drugs.
There are a number of other drug and alcohol rules established by the FMCSA. Therefore, if you have been injured in a New York truck accident and the driver of the truck was in violation of an established drug and alcohol policy, you may be eligible for compensation in a personal injury claim. The required testing that occurs after a truck accident could prove to be crucial evidence in your claim.
Contacting a New York Personal Injury Attorney
At Gacovino Lake & Associates we have formed a dedicated network of personal injury attorneys that serve clients nationwide. Our New York office serves residents of the 5 boroughs with their auto accident, New York truck accident, medical malpractice, defective drug, premises liability and Workers’ Compensation claims. For experienced help with your personal injury claim, contact us today – 1-800-246-4878