Who should request for drug test after a commercial vehicle accident?

If the police suspect that drugs or alcohol was a factor in the incident, they can order a test. I do not believe that you have the "standing" to do so. However, if the other party required any medical treatment following the accident, with a proper court order, you could subpoena the other party's hospital records and if they were positive for a controlled substance or booze, you have terrific evidence to show to the judge or the jury.

The police can only request a drug test if there is probable cause to believe he was under the influence when he operated the truck. This being a personal injury website, not an employment law website, I hesitate to give advice on whether you could ask for him to submit to a drug test. I think you can if you have a policy of a drug test for anyone involved in an accident at work. If the police asked for a drug test (which he has a right to refuse under the implied consent statute, unless y get a search warrant), you can request a copy, but they do not have to provide a copy. The hospital often does a drug screen in cases such as this because they need to know what drugs, if any, are in his system before they begin treatment. You cannot get these records without the driver/patient's consent. However, I would assume that this will ultimately result in a workers compensation claim. You or your insurer would have a right to any drug screen through the discovery process of this claim.

As employer I should think you would have the right to ask for a test. If he were taken to the er THE er RECORDS SHOULD SHOW WHETHER A TEST WERE DONE. LOOK CLOSELY AT THE ACCIDENT REPORT. IT MAY ALSO TELL YOU WHETHER A TEST WERE DONE.

If you want to know if your employee was on drugs that resulted in an accident, you need to see what your employment contract says. Did your the employee agreement tell employees could be drug tested and when they could be drug tested.