Drugs play a role in a high number of trucking accidents. However, it is not the variety of drugs that one might expect. Specifically, illegal drugs are rarely involved. It is prescription and over the counter drugs that often leads to accidents.
Specifically, prescription drugs are a contributing factor in 26% of trucking accidents. Over the counter drugs are a contributing factor in another 17%. These numbers suggest that drug use among truck drivers is a very serious problem with consequent danger to the public.
Rules Lax on Investigation of Drugs Use in Trucking Accidents
The laws are pretty stiff regarding drug use among truck drivers. There are strict pre-employment and periodic drug testing requirements for trucking companies
However, investigation and testing requirements are somewhat lax following a truck accident. Immediate drug testing is required only following a fatal truck accident. This means that thousands of non-fatal but serious truck accidents do not require testing.
Legal Action Necessary to Gain Drug Use Information After a Truck Accident
Because most truck accidents do not involve fatalities and therefore there will be no drug test results following the accident, it is typically necessary to obtain this information through a legal claim and often litigation.
Trucking companies are typically not cooperative in truck accident investigations and claims. They in all likelihood will not simply turn this information over upon request. Instead, a lawsuit will often have to be filed if drug use is suspected.
Once the lawsuit is filed, the information can be obtained through the discovery process.
An Experienced Personal Injury Attorney Can Help
Insurance companies on the whole can be difficult to deal with. Trucking companies and their insurance companies can be doubly difficult. It is advisable to seek the guidance of an experienced personal injury attorney.
The Albuquerque law firm of Collins & Collins, P.C. can help. We can be reached at (505) 242-5958.