Hurt in a car or truck crash?
Leave your name and phone. We call back today, in English or Spanish. The consultation is free and confidential.
Free consultation · English y Español · No fees or costs unless we win
When testing is required
After any crash involving a commercial motor vehicle where someone died, the employer must test the driver for both alcohol and controlled substances as soon as practicable. That applies whether or not the driver got a ticket. It is meant to find out quickly whether drugs or alcohol played a part.
For crashes without a death, testing is required when the truck driver receives a citation for a moving violation arising from the crash and either someone was injured and treated away from the scene, or a vehicle was disabled and had to be towed. If neither happened, or no citation was issued, federal rules may not require a test. Police may run their own tests separately.
- Any fatal crash: test required
- Citation plus an injury treated away from the scene: test required
- Citation plus a vehicle disabled and towed from the scene: test required
Why timing matters
The rules set time limits. If the alcohol test is not given within 8 hours of the crash, it must be abandoned. If the drug test is not given within 32 hours, it must be abandoned too. A missed test can matter in a claim, and a lawyer will want to know why the company did not test the driver in time.
Ask your lawyer to find out whether a test was done, when it was done and what it showed. The carrier’s testing records, the driver qualification file (49 C.F.R. 391.51) and the police report can each answer part of that. A positive result or a missed test can change how the case is handled.
Free accident case review
Tell us what happened. We will tell you plainly whether there is a case and what to do next. You owe no fees or costs unless we win.
Fatigue, illness and other impairment
Drugs and alcohol are not the only kind of impairment. Federal rules prohibit a truck driver from operating while too fatigued or ill to drive safely (49 C.F.R. 392.3). They also limit driving hours, with 11 hours of driving after 10 hours off duty and no driving past the 14th hour on duty (49 C.F.R. 395.3).
Logs and truck data can help show a tired driver. See how fatigue is proven and truck black box and dashcam evidence. If any driver was drunk, whether in a truck or a car, our page on being hit by a drunk driver explains more about those claims. Impairment of any kind is worth raising with your lawyer early.
What to do now
Get medical care and tell the doctor everything that hurts. If you noticed the driver smelled of alcohol, seemed confused or was falling asleep, write it down while you remember, and tell the officer. Photograph the truck, the company name and USDOT number. Get witness names and phone numbers. Write down the report number and claim numbers, and keep every receipt.
In California, a personal injury lawsuit generally must be filed within two years of the injury (Code of Civil Procedure 335.1). In Washington, the general deadline is three years (RCW 4.16.080). Testing records may not be easy to get later, so call a lawyer soon. Do not sign a release or give a recorded statement before you talk to one.
- See a doctor and keep your records
- Write down what you noticed about the driver
- Photograph the truck, company name and USDOT number
- Do not sign a release or give a recorded statement yet
- Keep bills and receipts
How we can help
We request the carrier’s testing records, the logs and the driver file, and we compare them with the police report and witness accounts. If a required test was not done, we ask why. Call (310) 552-6959 or use the form on this page to talk about your crash. You owe no fees or costs unless we win.
If a family member died in a truck crash, read our page on a family member killed by a semi truck. You can also visit our California truck accident lawyer page or our Washington truck accident lawyer page, or browse all accident questions for more answers about insurance, medical bills and deadlines.
Common questions
Are truck drivers always drug tested after an accident?
No. Federal rules require testing after any fatal crash. For non-fatal crashes, testing is required when the driver gets a moving violation citation and someone was treated away from the scene or a vehicle was disabled and towed. Police may also run their own tests.
How soon must a truck driver be tested?
As soon as practicable. If the alcohol test is not done within 8 hours of the crash, it must be abandoned. If the drug test is not done within 32 hours, it must also be abandoned. A lawyer can ask the carrier when the tests were done and why any were missed.
Can I get the truck driver’s drug test results?
Usually through your lawyer, as part of the claim or a lawsuit. A lawyer can request the carrier’s testing records, along with the driver’s qualification file and logs. The police report may show whether officers ran their own tests.
What if the trucker was not drunk but was exhausted?
Federal rules prohibit a driver from operating while too fatigued or ill to drive safely, and they limit driving hours. Logs, truck data and video can help show fatigue. A tired driver can be just as much a part of the case as an impaired one.
Ask a question
Not ready to call? Write your question and someone on our team will answer. No cost, no commitment.
Car and truck accident lawyer — Beverly Law
If you were hurt in a car or truck crash in California and Washington, talk to a personal injury attorney. Free, confidential, English or Spanish. You owe no fees or costs unless we win.
Related pages
Can I sue a truck driver for hitting me? · Who is liable in a truck accident: the driver, the trucking company or the broker? · Rear-ended by a semi truck: what to do · Hit by a semi truck on the freeway: your rights · Jackknife truck accident: who is at fault? · All car and truck accident questions
Sources
Important: This page is general information about California and Washington law, not legal advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 5, 2026.