So the law being clarified by swamp and lifer. The said accident was on a private yard involving a non DOT qualified driver. So he or she does not meet this criteria for testing.Per FMCSA:
Post accident testing is REQUIRED following any accident resulting in a fatality.
Testing is REQUIRED if driver is in an accident (as defined by FMCSA), AND receives a citation in connection with the accident.
FMCSA definition of a recordable accident:
1) A fatality
2) Injury treated away from the scene
3) One or more vehicles towed from the scene due to damage
https://www.fmcsa.dot.gov/regulations/title49/section/390.5