What to decide first
Confirm whether the harm, defendant, damages, and proof point toward a case that needs attorney review.
Case focus
Catastrophic Trucking Litigation
Commercial truck drivers are subject to drug and alcohol testing requirements. When testing failures, impairment concerns, or post-crash toxicology issues are present, those records may become important to liability review.
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.
Attorney review
Request Truck Crash Review
Use the case review form or call (405) 759-0515 for direct attorney intake.
When truck driver impairment needs attorney review
A high-value case is not just a big number. It often involves life-changing harm, disputed responsibility, meaningful damages, and records that need careful review. This practice area is strongest when the harm, disputed responsibility, damages, and available records support direct attorney review.
Send the key facts for attorney review.
If this involves death, catastrophic injury, a commercial defendant, or evidence that may need preservation, jump to the case-review form or call the firm.
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.
Evidence and Next Steps
Use these resources to move from general information to the records, proof, and case-review steps that fit the matter.
Request Case Review
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Review Request Case ReviewCase Results
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Review Case ResultsHicks Legal Journal
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Review Trust CenterPersonal Injury Overview
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