[jbeckham]

The NTSB always includes whether drugs or alcohol potentially played any role in an accident and puts it in their reports for all parties. This isn't a smear tactic, just standard practice because they are trying to determine all contributing factors.

[alach11]

For reasons I don't understand, they didn't test the driver.

[theossuary]

When you're dead you don't have much expectation of privacy in the eyes of the law, they can run a toxicology report for no reason (or more likely as part of an autopsy). For a living person it requires reasonable suspicion to initiate. That said, IANAL