Legal and Career Consequences of a Truck Driver Testing Positive for Drugs

Commercial truck drivers operate massive vehicles that require skill, focus, and responsibility. When a truck driver tests positive for drugs, the consequences can be severe, both for the driver and anyone injured in an accident they cause. In New Jersey, drug-related truck accidents can lead to complex legal claims, making it essential to understand the legal implications and available options for victims seeking compensation.

Federal Drug Testing Regulations for Truck Drivers

Truck drivers are subject to strict federal drug testing regulations under the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA requires drug and alcohol testing for commercial driver’s license (CDL) holders in specific situations, including:

• Pre-employment testing – Before being hired by a trucking company.
  
• Random testing – Trucking companies must conduct unannounced random drug tests.
  
• Post-accident testing – Required if a crash results in a fatality, bodily injury requiring immediate medical treatment away from the scene, or a vehicle being towed due to disabling damage.
  
• Reasonable suspicion testing – If a supervisor suspects drug use based on observable behavior.
  
• Return-to-duty and follow-up testing – If a driver has previously violated drug testing rules and is allowed to return to work.

Under FMCSA rules, a driver who tests positive for controlled substances (such as marijuana, cocaine, or opioids) is immediately removed from safety-sensitive duties, including operating a commercial vehicle.

How a Positive Drug Test Impacts a Truck Driver

A positive drug test can have serious career consequences for a truck driver, including:

• Immediate suspension – The driver is prohibited from operating a commercial vehicle until they completes the FMCSA return-to-duty process.
  
• Employment termination – Many trucking companies have zero-tolerance policies and may fire the driver.
  
• Loss of CDL eligibility – Multiple drug test failures can lead to permanent disqualification from holding a commercial driver’s license.
  
• Legal liability in accident cases – If an impaired driver causes a crash, they may face lawsuits and criminal charges.

In New Jersey, driving under the influence (DUI) of drugs is a serious offense, and a CDL holder may face harsher penalties than a standard driver.

Impact on Personal Injury and Accident Lawsuits

When a truck driver tests positive for drugs after an accident, it can significantly impact personal injury claims and liability determinations. In New Jersey, which follows a modified comparative negligence rule, an injured party can seek compensation if they are less than 50% at fault for the accident (N.J.S.A. 2A:15-5.1). A positive drug test strengthens the case against the truck driver by:

• Demonstrating negligence – A truck driver impaired by drugs is more likely to be found liable for an accident.
  
• Supporting punitive damages – If the driver’s actions are deemed reckless, courts may award additional damages to punish wrongdoing.
  
• Holding trucking companies accountable – Employers may be liable if they fail to enforce drug testing policies or negligently hire a driver with a history of substance abuse.

Compensation Available in Truck Accidents Involving Drugs

If you or a loved one has been injured in a truck accident where the driver tested positive for drugs, you may be entitled to compensation, including:

• Medical expenses – Past and future medical costs related to accident injuries.
  
• Lost wages and future earnings – Compensation for time off work and reduced earning capacity.
  
• Pain and suffering – Emotional and physical distress caused by the accident.
  
• Property damage – Costs of repairing or replacing a damaged vehicle.
  
• Wrongful death damages – If a loved one was killed, families may seek compensation for funeral expenses, loss of income, and loss of companionship.

Insurance and No-Fault Laws in New Jersey

New Jersey is a no-fault state, meaning that accident victims typically file claims with their own insurance under Personal Injury Protection (PIP) coverage. However, under New Jersey law, an injured party can step outside the no-fault system and file a third-party lawsuit against the at-fault driver if they suffered:

• Permanent injuries
• Significant disfigurement or scarring
• Loss of a body part
• Displaced fractures

Speak With an Experienced New Jersey Trucking Accident Lawyer

Truck accidents involving impaired drivers can result in devastating injuries and complex legal battles. At Rosengard Law Group, we are dedicated to helping victims of truck accidents recover the maximum compensation they deserve. Our experienced attorneys will thoroughly investigate the accident, gather crucial evidence (such as drug test results, driver records, and witness statements), and build a strong case on your behalf.

Time is limited—New Jersey has a two-year statute of limitations (N.J.S.A. 2A:14-2) for personal injury claims. Don’t wait to seek legal help.

Contact Rosengard Law Group today for a free consultation. Let us fight for your rights and help you secure the justice and compensation you deserve.