Experienced Oklahoma City Truck Accident Attorneys Holding Drugged Drivers Accountable
Dedicated truck crash injury lawyers serving the injured throughout Oklahoma
Being injured from a truck accident is difficult enough, but when you learn that the accident was caused by a truck driver who was under the influence of drugs you might become justifiably infuriated. Drugged driving is an example of reckless disregard for the welfare of the other drivers with which the truck driver shares the highway. At Cunningham & Mears, we hold those responsible for your injuries accountable. We fight for the compensation you deserve, and we always put your best interests first. When you need honest representation after you have been hurt, let an Oklahoma City truck accident lawyer from our firm help you.
Drug testing requirements for drivers holding a commercial driver’s license (CDL)
The Federal Motor Carrier Safety Administration (FMCSA) an agency of the U.S. Department of Transportation (DOT) has drug and alcohol testing rules for employees who drive commercial trucks and who hold a CDL.
Trucking companies are required to perform drug tests on their employees before they can allow them to operate a commercial truck. There are several types of drug tests including:
- Pre-employment drug screening
- Random drug testing
- Drug testing following an accident
If a driver appears to be impaired by drugs or alcohol, an employer may require an immediate drug or alcohol test before the driver can get behind the wheel.
While the FMCSA has rules about drug screenings after a truck accident, the trucking company may have their own requirements. If a driver receives a traffic citation for an accident they must be drug screened, and if they are involved in a crash where there is a fatality, they must also be screened.
If you have been injured in a truck accident that was caused by a truck driver who was on drugs at the time of the crash, your Oklahoma City truck accident attorney may request copies of the employee’s drug screen results.
What types of drug tests are used, urine tests or hair tests?
Previous FMCSA regulations called for the use of urine tests to identify substances such as marijuana, opiates, cocaine and PCP. Because of the opioid painkiller epidemic, the DOT revised its drug testing protocols to add four, “semi-synthetic” opioid drugs: hydrocodone, hydromorphone, oxycodone and oxymorphone.
There are instances where a person might be using these drugs under the supervision of a doctor. In such a case, the driver can provide a medical explanation for the presence of the banned substances.
The challenge with urine testing for employment drug screening is that it can only detect recent drug use. A hair follicle test can detect drug use as far back as 90 days. Congress allowed trucking companies to use hair follicle testing in drug screenings rather than urine testing, but the law also required that the Department of Health and Human Services develop guidelines for hair sample testing before the FMCSA will be allowed to replace urine testing with hair sample testing. The law was passed in 2015, but in 2018 the HHS has yet to develop hair sample testing.
Work with a skilled truck accident attorney after a truck crash injury
After surviving a devastating truck accident caused by a driver under the influence of drugs, you may be wondering what to do next. You are dealing with injuries, you are losing time at work, and you might feel like your life will never be the same. An Oklahoma City truck accident attorney from the injury law firm of Cunningham & Mears is ready to help make sure that you recover the maximum amount of compensation available. You never have to worry about how you will afford to pay for a lawyer because we take cases on contingency, which means that you do not pay attorney fees until we have recovered compensation for you.
Investigating a truck crash is complicated, but our truck accident attorneys know what evidence to look for, we work with an accident reconstructionist, along with other experts to determine the cause of the crash and who is at fault. In the case of accidents caused by drugged drivers, we request copies of the drug and alcohol test that is given to drivers immediately following a truck crash. You may also be able to hold the driver’s employer liable due to negligent supervision. An employer is responsible for their employees while they are doing official work duties.
How much is my truck accident injury case worth?
One of the first questions clients ask in an initial consultation is usually, “How much is my case worth?” There is no quick answer to that question. The value of your case will vary depending on several factors including the circumstances of the accident, the severity of your injuries, the lasting impact of your injuries, the cost of your medical bills and other expenses related to the injury.
What we can assure you of is that we will pursue the maximum compensation on your behalf, and we will offer you skilled and attentive representation regardless of the complexity of your case.
Work with an experienced Oklahoma City truck accident attorney today
Truck accidents caused by drugged drivers often end in a tragic disaster which might include serious injuries and fatalities. At Cunningham & Mears, we are dedicated to getting you full and fair compensation for your injuries. You can learn more about our truck accident representation by contacting us or calling 405-212-9234 now for a free initial consultation.