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Case focus
Catastrophic Trucking Litigation
Commercial truck drivers are subject to strict drug and alcohol testing requirements. When carriers fail to test, drivers fake tests, or impaired drivers are allowed behind the wheel, catastrophic crashes result.
Proof track
Driver had a prior positive drug test or refused a test.
No Pre-Employment Testing: Carrier hired the driver without required pre-employment drug screening.
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01
Federal Drug and Alcohol Testing Requirements
The FMCSA requires commercial motor vehicle drivers to undergo drug and alcohol testing at specific points:
- Pre-Employment: Before the driver operates a commercial vehicle.
- Post-Accident: After a crash meeting specific criteria (fatality, tow-away, or injury requiring medical transport).
- Random: Carriers must conduct random testing of at least 50% of their driver pool for drugs and 10% for alcohol annually.
- Reasonable Suspicion: When a supervisor has reason to believe the driver is impaired.
- Return-to-Duty / Follow-Up: After a violation, before the driver may return to safety-sensitive functions.
The legal blood alcohol limit for commercial drivers is 0.04% — half the limit for non-commercial drivers.
02
How We Build Impairment Cases
- Drug and Alcohol Testing Records: The complete FMCSA Drug and Alcohol Testing Database (Clearinghouse) records for the driver.
- Pre-Employment Screening: Whether the carrier conducted required pre-employment testing and checked the Clearinghouse.
- Post-Crash Toxicology: Blood and urine test results from the crash scene or hospital.
- Carrier Compliance: Whether the carrier maintained a compliant random testing program.
- Driver History: Prior DUIs, substance abuse treatment, or positive tests that the carrier knew or should have known about.
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