Florida Injury Attorney Blog

After being involved in an accident that results in death or serious injuries, the driver who causes the injury or fatal crash will be required to submit to a drug test, according to a new law in Kansas.   Florida does not have a similar law, however the Federal Motor Carrier Safety Regulations, which govern semi truck drivers in Florida and other states who drive interstate, do require a semi truck driver to submit to a drug and alcohol test after an injury accident in certain situations.

Under the federal regulations, if a semi truck (aka tractor trailer or 18 wheeler) driver causes or contributes to an accident that results in injury or death to another driver and/or property damage that incapacitates the other vehicle, and the semi truck driver is issued a citation for the crash, the semi truck driver is required to submit to a drug and alcohol test as soon as practicable after the crash.  However, this regulation is policed by the semi truck driver him/herself and the trucking company employer.  If the driver fails to submit to the drug and alcohol test or delays submission to the test until after any evidence of alcohol or drugs is out of his/her system, there is no penalty under the law.  That issue certainly may be raised in a subsequent lawsuit over the damages caused by the semi truck driver in the accident, but there is no recourse with police.

The new Kansas law goes a step further and allows the police to require a driver, whether a regular auto driver or commercial truck driver, to submit to a drug test soon after the accident to determine if he/she was under the influence of drugs at the time of the injury or fatal crash.