On this page
- Does a Positive Drug Test Automatically Prove the Driver Caused the Crash?
- What Testing Records May Matter?
- Could the Trucking Company Be Investigated?
- What If the Driver Had Previous Positive Tests?
- What If the Substance Was Prescription Medication?
- What Other Evidence Should Be Preserved?
- What If the Driver Was Also Fatigued?
- What Injuries Can Result?
- What Insurance Could Apply?
- What Should I Do?
- Jacqueline Scott & Associates Can Investigate
However, a positive test should be analyzed carefully.
Investigators should determine what substance was detected, what testing occurred, when the sample was collected, what applicable regulations required, and whether the evidence supports a connection between the substance and unsafe driving.
Does a Positive Drug Test Automatically Prove the Driver Caused the Crash?
Not necessarily.
Fault should still be established using evidence concerning how the collision occurred.
The positive test may be important, but investigators should also examine:
- speed;
- braking;
- lane position;
- reaction time;
- witnesses;
- video; and
- electronic truck information.
What Testing Records May Matter?
Depending on the circumstances and legal availability, relevant records may include:
- post-accident test results;
- collection documentation;
- laboratory information;
- company records; and
- other required testing documentation.
Could the Trucking Company Be Investigated?
Yes.
Potential questions include:
- Was the driver properly qualified?
- Were applicable testing requirements followed?
- Did the company know of prior problems?
- Were previous violations addressed?
- What company policies applied?
What If the Driver Had Previous Positive Tests?
Prior history may raise additional questions concerning qualification and company knowledge, subject to the applicable legal and evidentiary rules.
What If the Substance Was Prescription Medication?
A positive result does not automatically establish unlawful use or impairment.
The substance, prescription status, dosage, timing, and effect may need to be analyzed.
What Other Evidence Should Be Preserved?
Potential evidence includes:
- dashcam footage;
- driver-facing video;
- GPS;
- telematics;
- dispatch records;
- ELD information;
- police records; and
- witness statements.
What If the Driver Was Also Fatigued?
Multiple factors can contribute to one crash.
Investigators may examine both substance-related issues and fatigue.
What Injuries Can Result?
A driver with delayed judgment or reaction can cause rear-end, head-on, intersection, rollover, and multi-vehicle accidents.
The injuries can be catastrophic.
What Insurance Could Apply?
Commercial trucking insurance and potentially other coverage may apply depending on the responsible parties.
What Should I Do?
Seek appropriate medical care.
Preserve evidence.
Keep police information.
Document treatment and employment losses.
Avoid assuming that the testing issue alone eliminates the need for a complete truck investigation.
Jacqueline Scott & Associates Can Investigate
A positive drug test can be an important piece of evidence, but a serious trucking case should establish the entire story.
Jacqueline Scott & Associates can investigate testing evidence, the driver’s conduct, company knowledge, electronic truck information, and insurance after a serious Louisiana 18-wheeler accident.
Make ’Em Pay.
Call (318) 746-5997.
Every case is different. Results depend on the specific facts and circumstances of each individual matter. Prior results do not guarantee a similar outcome. This information is general and is not legal advice.
This article is general information about Louisiana law and is not legal advice. Laws and deadlines can change, and every case depends on its own facts. Past results do not guarantee or predict future outcomes. Reading this page or contacting the firm does not by itself create an attorney-client relationship.
