Cases Involving Fentanyl

Creating Leverage in Cases Involving Fentanyl
Use by Retaining Toxicology and Pharmacology
Experts Early in Accident Investigation

TIDA Newsletter – Q3 2023
By: Dr. David Randolph, MD, PhD, MPH and Chad Sizemore, Whitten Law Office

The importance of conducting an early and thorough investigation into a collision should be obvious and
cannot be overstated. Collecting information regarding one’s own motor carrier and driver clients is
crucial, including any post-accident drug and alcohol testing required by 49 C.F.R. § 382.303. But the
inquiry into possible drug and alcohol involvement as a cause of the accident does not begin and end
with the truck or bus driver.
We need to explore the potential fault of all others involved, especially if there are indications of alcohol
and drug use. The evaluation begins with information learned in the rapid response, and it continues by
locating sources of additional information, such as interviews with towing company employees,
background checks, social media posts, court records, death certificates and toxicology reports, and
medical records. Too often, Fentanyl is a recurring factor in collisions. When warranted by
circumstances, we suggest retaining a toxicology expert to assist with the initial investigation and
evaluation to create leverage for defending the case.


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