Articles Posted in Trucking Accident

When a commercial truck is involved in an accident, the collision happens in seconds. The accountability fight may last months or years. One regulation often decides whether the injured person can identify the right defendants quickly enough to preserve evidence and build a clean liability story.   49 CFR 390.21T requires a self propelled commercial motor vehicle to display two core identifiers. The vehicle must show the legal name or a single trade name of the motor carrier, and it must show the motor carrier’s USDOT number with the letters “USDOT” immediately before the number. The marking must appear on both sides of the vehicle. The letters must contrast sharply with the background. The marking must remain legible from 50 feet away while the vehicle stands still. The motor carrier must keep the marking in a condition that meets those requirements.

That is not cosmetic. It is a compliance obligation that demands daily execution. A carrier needs drivers, yard staff, and maintenance staff who understand what “legible from 50 feet” means in the real world. A carrier needs inspections that catch peeling vinyl, road grime, crash damage, poorly placed decals, and box trucks that collect soot until the company name disappears. A carrier also needs procedures for leased equipment and owner operators so the truck displays the correct operating identity when the load moves.

From a personal injury perspective, the marking rule influences four high stakes issues.

In trucking cases physics matters, but evidence often decides the outcome.  The federal regulations, 49 CFR Part 390 include a set of record rules that sound administrative, but are important for trucking injury litigation.

This requirement drives operational behavior. A compliant carrier trains safety staff to maintain centralized records or at least a reliable index. A compliant carrier builds a process for pulling documents quickly from terminals, third party systems, and electronic providers. A compliant carrier also understands that records include more than paper. They include electronic images, electronic documents, and systems that must reproduce the information accurately.

A federal investigation into a fatal crash highlights why record integrity matters. The National Transportation Safety Board investigated a December 2022 rear end collision in Virginia involving a tractor trailer operated by Triton Logistics Incorporated of Romeoville, Illinois. NTSB The NTSB described how the truck traveled far faster than the bus and the driver did not brake before impact. NTSB Reporting on the NTSB findings described fictitious driver accounts in an electronic logging device system that allowed drivers to exceed hours limits, which the NTSB linked to driver fatigue.

When people think of truck safety, they often picture brakes, tires, and driver training. Yet one of the most overlooked aspects of safety in the trucking industry lies in paperwork—specifically, recordkeeping and reporting under 49 CFR Part 40. These requirements are not red tape. They are the backbone of the drug and alcohol testing system that protects the public from impaired truck drivers.

Every trucking company has a legal duty to maintain accurate and complete testing records. Positive drug or alcohol tests, refusals to test, evaluations by a Substance Abuse Professional, and follow-up testing schedules must be kept for at least five years. Negative and canceled test results must be retained for at least one year. Employers must also preserve collection records, laboratory reports, and communications with medical review officers. These documents must be readily available to the Department of Transportation or the Federal Motor Carrier Safety Administration within two business days of a request.

Beyond storage, employers must report violations. If a driver refuses or fails a test, the employer is required to provide that information to state licensing authorities. This ensures that a driver who poses a safety risk cannot simply move to another company and get behind the wheel undetected. When companies fail to report, they help dangerous drivers slip through the cracks, putting the public in jeopardy.

Federal law recognizes a simple truth that if truck drivers could predict when they would be tested for drugs or alcohol, the testing system would fail. That is why 49 CFR Part 40 and related DOT rules require truly random testing of drivers in safety-sensitive positions, including those who operate tractor-trailers on public roads. Random testing is a mandatory safety tool designed to keep impaired drivers out of 80,000-pound vehicles.

Random testing must be unpredictable. Carriers cannot tip off drivers, use biased selection methods, or schedule tests for convenience. Instead, the selection process must be scientifically valid and spread throughout the year. Each driver must have an equal chance of being chosen every time names are drawn. Importantly, being tested once does not exempt a driver from being tested again in the same year. The law is structured this way to create a constant deterrent against drug and alcohol use.

When a driver is selected, the employer must act immediately. Federal rules require that drivers report for testing as soon as they are notified. Employers cannot delay or reschedule to make life easier for the driver. A delay not only undermines the deterrent effect but can also signal that a company is willing to bend the rules—an attitude that often spills into other safety violations.

When a commercial truck driver fails a drug or alcohol test or refuses to take one, federal law does not simply allow them to get back behind the wheel the next day. Instead, the law requires a specific process to protect the public, and at the heart of this process is the Substance Abuse Professional.

Under 49 CFR Part 40, a Substance Abuse Professional is a specially credentialed professional who evaluates drivers who have violated the Department of Transportation’s drug and alcohol testing rules. Substance Abuse Professionals are not just counselors; they are federally recognized gatekeepers with the power to determine whether a driver can return to safety-sensitive duties such as operating a tractor-trailer. To qualify, an Substance Abuse Professional must be a licensed physician, psychologist, social worker, employee assistance professional, or certified drug and alcohol counselor, and must undergo DOT-approved training and testing.

Once a driver tests positive or refuses testing, the employer must immediately remove that driver from duty. At that point, the Substance Abuse Professional steps in. The Substance Abuse Professional conducts a face-to-face evaluation, determines whether the driver requires education, treatment, or both, and develops a rehabilitation plan. Only after the Substance Abuse Professional certifies that the driver has complied with these recommendations can the driver take a return-to-duty test. Even then, the process is not over. Federal rules require the Substance Abuse Professional to design a follow-up testing schedule that the employer must enforce, often lasting years and involving numerous unannounced tests.