What to decide first
Consider the harm, the parties involved, the available evidence, and whether an attorney review may help.
Case focus
Catastrophic Trucking Litigation
Covered commercial drivers are subject to drug-and-alcohol rules. When testing, impairment, or post-crash toxicology issues are present, the applicable records may become important to liability review.
Evidence to preserve
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 Attorney Review
Use the case-review form or call (405) 759-0515 to share the basic facts.
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
FMCSA rules may require testing in circumstances such as pre-employment screening, qualifying post-accident events, random programs, reasonable suspicion, and return-to-duty or follow-up monitoring. The exact requirement depends on the driver's role, the event, and the rule in effect.
Commercial-driver alcohol standards and testing procedures can differ from those applied to non-commercial motorists, so the records should be evaluated under the applicable rule rather than a general assumption.
02
Evidence Used to Evaluate Impairment
- Drug and Alcohol Testing Records: Available testing and Clearinghouse records may bear on compliance and driver status.
- Pre-Employment Screening: The review may ask whether required testing and queries occurred.
- Post-Crash Toxicology: Available blood or urine results require interpretation in context.
- Carrier Compliance: Records may show whether the carrier maintained the testing program required for the driver.
- Driver History: Relevant prior records may matter if the carrier knew or should have known about them and they are legally discoverable.
Related Resources and Case Review
Read related information, review documented results, or request an initial attorney review.
Request Attorney Review
Request a review if records, deadlines, or insurance contact may affect this truck driver impairment matter.
Request Attorney ReviewTruck Crash Results
Review documented outcomes from other matters, together with their published context.
Review Truck Crash ResultsHicks Legal Journal
Read recent legal analysis and case-focused commentary from Hicks Law Firm.
Review Hicks Legal JournalClient Guides
Use plain-language guides to understand common decisions, records, and next steps.
Review Client GuidesResource Library
Browse practical checklists and resources organized by case type.
Review Resource LibraryAttorney Profile
Review attorney background and experience relevant to this practice area.
Review Attorney ProfileTrust Center
Review fee information, privacy guidance, and what to expect from an initial case review.
Review Trust CenterPersonal Injury Overview
Open the next resource that best matches this truck driver impairment case.
Review Personal Injury Overview