New York Truck Driver Drug and Alcohol Testing Procedures
A New York truck drug and alcohol testing procedures truck accident attorney can help you of you've already been hurt in an accident and you believe that the driver of the truck was under the influence of alcohol or drugs at the time. This information may be difficult to come by. However, there are clear drug and alcohol and drug testing procedures on the books from the Federal Motor Carrier Safety Administration.
It is likely the responsibility of police officers dispatched to the scene to gather as much evidence as possible after these issues have emerged and the support of a dedicated lawyer can go a long way towards giving you peace of mind.
A New York drug and alcohol testing procedures truck accident attorney is the first person you should contact after being seriously injured in an accident, since this could have a significant impact on the future of your case. CDL drivers have to be randomly tested throughout the year but may also be tested at other times. For example, CDL drivers can be tested pre-employment.
An employer has to receive a negative drug test result before allowing a CDL driver to operate a commercial motor vehicle. Drug and alcohol tests may also be required after accidents according to whether or not bodily injury, disabling damage or human fatalities occurred.
Many truck driving companies will also test their CDL drivers randomly. An employer who employs themselves as a driver, who is not leased to a motor carrier has to implement a random testing program involving two or more covered employees in a random testing pool as a member of the consortium.
Furthermore, as any drug and alcohol testing truck accident procedures attorney in New York can tell, drivers who appear to be under the influence of alcohol or drugs can be immediately tested, and CDL driver supervisors are often trained to detect the symptoms of driver impairment.
Drivers who tested positive or refused previous testings will also have to complete a return-to-duty testing. Furthermore, there is follow-up drug and alcohol testing for anyone who refused, violated prohibitions or tested positive. This testing must be prescribed by a substance abuse professional for a minimum of six directly observed tests over a 12-month period.
A driver who is seen to have violated the drug and alcohol testing procedures law, may be held accountable in the event that an accident occurred that led to serious bodily injury or catastrophic property damage. These issues can be too much to deal with if you are the one trying to recover from an accident, but getting the support of an attorney is necessary for moving forward with your life and being able to file an injury claim to recover maximum compensation.
You may not realize all of the avenues of assistance available to you, but identification of the right attorney is critical for being able to pursue compensation and getting the help that you need from a lawyer who has been practicing in this field over the course of many years. Drug and alcohol testing procedures are there to dissuade people from being involved in drug and alcohol use while driving a commercial vehicle to begin with, but if you suspect that someone was under the influence, make sure that you get the results of the tests so that you can use it in your personal injury claim. Your lawyer will able to argue that this a clear indication that the other driver was at fault in the accident.