If you’ve been injured by a big truck or tractor trailer, you may be wondering what steps the trucking company must take afterwards. While there are many things a trucking company must do after an accident with one of its trucks or drivers, rest assured that they will probably not be too worried about you.
Testing After An Accident
After a trucking company’s driver is involved in an accident, the Federal Motor Carrier Safety Administration requires a trucking company to perform a drug and alcohol test on its driver if there is a fatality involved. The trucking company is also required to perform drug/alcohol testing if the investigating officer issues a citation to the driver for an accident that caused an injury requiring medical treatment away from the scene of the wreck. Likewise, testing is also required when a motor vehicle must be towed away from the scene.
If an alcohol test can’t be given within two hours of the accident, the trucking company is required to record why the test could not be given promptly and maintain a record of the reason. If the alcohol test is not completed within 8 hours, the trucking company stops all attempts to have the test completed.
Controlled Substance Test
In addition to alcohol testing after a big truck accident, a controlled substance or drug test must also be performed within 32 hours of the accident. If the test is not completed within this time frame, the trucking company then will stop all attempts at having the test completed. If the test is not completed, the truck company must also keep a record of why the test was not given.
If a truck driver tests positive for drugs or alcohol after a big truck wreck, a medical review officer contacts the driver to determine if there is a reason for the positive result. If there is no medical reason for the positive test, a letter is then sent to the trucking company informing of the positive test result.
What We See
Sometimes, we find that a trucking company might schedule a test following an accident and then cancel it. If this happens, many courts will allow this information as evidence that the trucking company was potentially trying to conceal possible drug or alcohol use. At the Ritchie Law Firm, our team requests all relevant and necessary post-accident alcohol and drug test results as well as any records noting reasons the testing wasn’t performed. Often, a court order is necessary to obtain these results. For more information, take a look at our article on why tractor trailer accidents are so devastating.
Talk to a Lawyer First!
Determining who is responsible for your injuries, medical bills, lost wages, pain and suffering, and loss of future earnings can be complicated in the case of a tractor trailer accident. If you’ve been injured in an accident with a large truck or tractor trailer, you might be contacted by the trucking company’s insurance representative very quickly. Sometimes, insurance companies will try to call you as soon as the day after the accident. Before you talk to any insurance company, you should get the advice of an experienced truck accident lawyer. Most lawyers will give you a free consultation to talk about what you might be entitled to receive. At the Ritchie Law Firm, you can talk to an experienced truck accident lawyer for free . . . NO STRINGS ATTACHED!!
Whether the insurance company contacts you quickly or not, the faster you seek legal advice from a lawyer who knows truck accidents, the better. With a tractor trailer crash, prompt investigation is critical to successfully recovering money damages in your case. Because accidents involving tractor trailers are devastating, making sure that things like skid mark measurements and impact marks are preserved are often essential to a good recovery.
Experienced Tractor Trailer Accident Lawyers
The five lawyers at the Ritchie Law Firm have more 145 years of combined experienced handling truck accident cases. See our tractor trailer accident Case Results here. Throughout the nearly half century history of the Ritchie Law Firm, our lawyers have handled thousands of devastating crash cases involving serious and complex injuries such as spinal cord injuries, traumatic brain injuries, internal organ damage, multiple bone fractures, and even death.
You should not have to bear the financial burden of a wreck that was caused by a negligent truck driver. Accidents involving tractor trailers are devastating. At the Ritchie Law Firm, we can help you hold the other driver accountable and help you get the compensation you need to pay your bills and recover.
Talk with a Virginia and West Virginia Accident Lawyer
If you or a loved one suffered significant injuries in a truck or tractor trailer accident in Virginia, Ritchie Law Firm is here to help. The experienced, certified attorneys at the Ritchie Law Firm has helped thousands of injured victims and their families recover the compensation they deserve after an accident. Contact us by phone at 800-277-6124 or by using our online contact form.
Ritchie Law Firm is a personal injury law firm devoted to helping individuals who have suffered serious and catastrophic injuries or lost a loved one as a result of someone else’s negligence. Ritchie Law Firm serves all of Virginia, while helping clients in cities and surrounding areas of Harrisonburg, Charlottesville, Staunton, and Winchester also serves clients in West Virginia, including Martinsburg, WV