Can You Subpoena a Drug Test if You Suspect a Commercial Truck Driver Was Under the Influence?

Sharing the road with commercial trucks in Nebraska is a fact of life. Truck drivers are held to a high standard of care due to the size of their vehicles. Unfortunately, many truck drivers breach this duty of care by driving their trucks while under the influence, which can lead to serious truck accidents. If you suffered injuries in a truck accident and you suspect the driver was under the influence, it is possible federal law requires the driver’s employer to perform a drug test of the driver after the collision.

At Knowles Law Firm, we understand the aftermath of a truck accident can be overwhelming, so we handle every aspect of your case, including a subpoena request for the liable driver’s drug test. The results of this drug test can help establish fault and build a strong claim that gives you the best chance of achieving maximum compensation. With our 55 years of experience and a proven track record of success, you can trust us to guide you through your claim and subpoena process while you focus on recovery.

When Can You Request a Drug Test from a Truck Driver in Nebraska?

Federal law requires the employer of a truck driver involved in a fatal accident to perform a drug test on their employee. Employers are also required to drug test their drivers after an accident where their driver was issued a citation and bodily injury or disabling damage was caused to any motor vehicle. While the results of the drug test are not publicly available, an attorney may be able to subpoena the results as part of a court case. At Knowles Law Firm, we understand how to request a subpoena and ensure it includes the following required information:

• The name of the court issuing the subpoena
• Our name, address, and contact information
• Case docket number
• Names of the parties involved

How Can Drug Test Results Help Your Nebraska Truck Accident Claim?

If the truck driver’s drug test comes back positive, it can be challenging for the trucking company to prove the driver was not responsible for the accident. They can also serve as a crucial piece of evidence that strengthens your claim in the following ways:

Establish Liability

As the victim of a truck driver’s negligence, you must prove the liable party owed you a duty of care, breached this duty, and directly caused the accident and your injuries. With a positive drug test, you can prove these points and hold them accountable for their actions.

Extend Liability

In addition to truck driver liability, a positive drug test may extend liability to the driver’s employer who is responsible for ensuring their employees are drug-free and fit to operate such dangerous vehicles. 

Strengthen Claim

Trucking companies often have large legal teams that can be intimidating to face, but we have decades of experience handling all types of complex cases. In addition to other evidence we gather, such as video footage, medical records, and police reports, drug test results allow us to stand up to these major companies.

Acting quickly after a Nebraska truck accident is crucial to collecting, preserving, and requesting evidence like drug test results.  Don’t hesitate to contact our experienced and dedicated lawyers at Knowles Law Firm. We have obtained multi-million dollar settlements in multiple trucking accident cases and  are prepared to do the same for you. 

Seek Guidance from the Trusted Nebraska Truck Accident Lawyers at Knowles Law Firm Today

If you suspect a commercial truck driver was under the influence during your accident, we can help you take the necessary legal steps, including requesting a subpoena for drug test results. At Knowles Law Firm, we have over 55 years of experience handling complex truck accident cases and have secured multi-million dollar settlements for our clients. We work diligently to build a strong case, gathering all available evidence, including drug tests, to support your claim.

Don’t face this challenging process alone. Our team is ready to fight for the compensation you deserve while you focus on recovery. Contact us today at (402) 431-9000 or fill out our contact form to discuss your claim.