Roth Davies, LLC

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Overland Park, KS 66210

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Roth Davies, LLC

The FMCSR defined an “accident” as having at least one of the following elements: (1) a fatality; or (2) injury to a person requiring immediate treatment away from the scene of the accident; or (3) disabling damage to any vehicle requiring it to be towed away from the scene. If an accident results in a fatality, the driver must always undergo post-accident alcohol and drug testing (even if the driver was not cited). Further, if the accident results in an injury or disabling damage to the vehicle, the driver is required to undergo post-accident alcohol and drug testing if he or she received a citation for a moving violation in connection with the accident. An alcohol test is required if the citation was received within 8 hours of the accident and a drug test is required if the citation was received within 32 hours of the accident.

When are the testing deadlines? The alcohol test should be administered within 2 hours after the accident. Additionally, the drug test must take place within 32 hours after the accident. While the drug test is pending, the driver may continue to drive the CMV assuming law enforcement has not put any restrictions on the driver and as long as there is no “reasonable suspicion” by a supervisor that the driver is under the influence of drug or alcohol. The responsibilities of a driver who is subject to post-accident training are to remain available for testing and to refrain from consuming alcohol for 8 hours following the accident.

If you have a question about an accident or injury involving a semi-truck and how these regulations may be important as applied to the accident call Roth Davies, LLC Trial Lawyers for a free consultation.

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