Post accident Drug test nightmare

Discussion in 'Trucker Legal Advice' started by driverswife2018, Feb 8, 2018.

  1. Bean Jr.

    Bean Jr. Road Train Member

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    Post accident is for 2 reasons, reasonable suspicion, and a fatality. Probably was catastrophic.
     
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  3. Bean Jr.

    Bean Jr. Road Train Member

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    Fatality.
     
    baha Thanks this.
  4. Caterpillar Cowboy

    Caterpillar Cowboy Heavy Load Member

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    Post accident drug test is required in a fatality, when the driver was cited for a moving violation and there was an injury where the injured party left the scene immediately to receive medical attention, or there was a vehicle that had to be towed away from the accident scene.

    The class instructor put it this way Hearse, Nurse, or Tow. Pretty easy to remember.
    The handout we got was not identical to this that I just found on the internet, but this chart is also accurate as to what I was taught this week.

    [​IMG]
     
    truadvocate and Bean Jr. Thank this.
  5. Bean Jr.

    Bean Jr. Road Train Member

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    Thanks. If a drug test was required in the op's case, it was serious enough on its own to cause a green driver problems without the positive or refusal.
     
  6. Caterpillar Cowboy

    Caterpillar Cowboy Heavy Load Member

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    Yes. That is however only for DOT standards. Company policies could require a drug test after any accident. However the results of those tests will not be applicable to DOT records. However if I had a test come back hot due to company policy, I think that a reasonable suspicion DOT test would be in short order, along with the employee seeing a DOT rated SAP, or going away.
     
  7. breadtrk

    breadtrk Heavy Load Member

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    Didn't read all this.

    Don't do drugs, ever.

    ##### up, Own up, take what comes like a man.
     
    Coover and Bean Jr. Thank this.
  8. Coover

    Coover Road Train Member

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    Could also pass for a typical new age steering wheel holder!
     
  9. derekdbeck

    derekdbeck Light Load Member

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    Mississippi
     
  10. truadvocate

    truadvocate Light Load Member

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    Doingthis is not as easy as people think and the cost crank be prohibitive. There are very few lawyers who take on these cases.
     
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