What happens if a trucking company fails to conduct required post-accident drug and alcohol tests?

If a motor carrier fails to conduct mandatory post-accident testing under 49 C.F.R. § 382.303, federal rules require the employer to document and retain records explaining why the test was not administered. In a Florida civil injury claim, failing to test or intentionally delaying screening can serve as compelling evidence of regulatory noncompliance and corporate negligence. In certain situations, Jeffrey S. Altman can seek court sanctions or ask the judge for an adverse inference instruction against the defense regarding driver impairment. At The Altman Law Firm, we aggressively demand corporate compliance records to hold reckless motor carriers accountable.