Smoking Truckers? Missouri Drug Test Laws After Kansas City Crashes

Tractor-trailers are typically some of the safest vehicles on the road. They’re operated by trained Commercial Driver’s License (CDL) holders and are subject to strict regulation. But when they’re in the wrong hands, they can be incredibly dangerous. When a truck and a car collide, the car and its occupants bear the brunt of the damage. Because truck drivers undergo extensive training, there are often questions about how this could have happened. Drug testing is sometimes ordered to rule out wrongdoing or uncover the reason for a driver’s error.

If you’ve been injured in a Kansas City truck accident, get the legal representation you deserve. Contact Kansas City Accident Injury Attorneys to schedule a consultation today.

Federal drug and alcohol testing rules for commercial drivers

Because truck drivers operate across state lines, the majority of testing requirements come from federal law. The FMCSA has in-depth requirements covering when drug and alcohol testing must occur. In non-fatal crashes, testing is required only if the truck driver receives a citation and the crash results in a qualifying injury or towing.

Alcohol testing must be completed within two hours of the accident. When this does not occur, the employer must prepare and maintain on file a record stating the reasons the test was not promptly administered. If they cannot test within eight hours, the employer shall cease attempts to administer an alcohol test and prepare and maintain the same record.

The standard drug panel screens for marijuana, cocaine, opioids, amphetamines and methamphetamines, and phencyclidine. Some carriers may run separate, non-DOT tests for additional drugs such as benzodiazepines and barbiturates. Controlled substance testing must be done within 32 hours of the accident. If not administered, the employer shall cease attempts and prepare and maintain on file a record stating the reasons the test was not promptly administered.

Drivers are legally required to remain readily available for testing after an accident. If they are not available upon request, the employer may document that they refused to submit to testing.

Beyond post-accident testing, truck drivers are also subject to testing prior to employment, random testing at any point in time, reasonable suspicion drug and alcohol screenings, and return-to-duty testing after violations.

Missouri state law and how it interacts with federal law

The Missouri Department of Transportation upholds federal drug and alcohol testing laws. Missouri also specifically requires employers to comply with federal testing laws when it comes to post-accident screenings.

How state and federal law interact

For drivers who operate only within Missouri, state law takes precedence, but Missouri has adopted the federal FMCSA drug and alcohol testing standards for intrastate carriers, so the practical testing criteria are the same. For interstate drivers, federal DOT rules directly govern post-accident testing.

However, it’s important to note that trucking companies often do as much as they can to limit their legal risk, so even if they aren’t legally required to do a specific type of screening, they may order it anyway in order to protect themselves from the fallout of a driver who causes a crash while under the influence of drugs or alcohol. While this isn’t necessarily important in Missouri, since the Missouri DOT uses the same criteria as the FMCSA, it is important in states with laws that deviate from FMCSA requirements.

How this plays out after a Kansas City truck crash

Police respond to the scene of a truck accident. Unlike accidents solely involving personal vehicles, where police may not respond to the scene if a crash is minor enough, truck accidents are typically serious enough that police respond to investigate and document the crash. Officers may look for signs of impairment, such as erratic behavior, glassy eyes, or slurred speech.

Trucking companies must promptly determine whether the accident triggers the requirement for testing. If the accident led to someone’s death, testing is required. If the driver received a citation and the crash led to either bodily injury requiring medical care away from the scene or vehicle damage requiring towing from the scene, testing is required.

If the crash meets the federal post-accident criteria, the employer must arrange alcohol and controlled-substance testing, regardless of which substance is suspected. Samples must be collected, sealed, transported, and tested under strict documentation rules that protect against tampering. Positive results must be reported to the FMCSA Drug and Alcohol Clearinghouse.

If you seek compensation as an accident victim, your truck accident attorney will subpoena the test results and determine how to use them as evidence. Positive test results or a driver who refuses to submit to testing can both be used to strengthen your accident claim.

How these tests may impact your truck accident case

The results of a post-accident drug and alcohol screening can affect your case and your ability to recover compensation. A confirmed positive result supports claims of negligence. Truck drivers are not legally permitted to be under the influence of drugs or alcohol while driving, and choosing to violate that requirement is strong evidence of negligence. This could help you reach a fair settlement more quickly, as the trucking company will want to shield itself from the risks and reputational damage of a lawsuit. A refusal to test may seem like the driver is denying you evidence, but refusing or delaying a test can be just as damning.

Get the support you need with Kansas City Accident Injury Attorneys

When you’re ready to fight for fair compensation after a truck accident, we’re here to help. Contact us today to schedule a free consultation.