Trucking Law: Things to consider after an twist of fate
If you’re in a crash, when are you required to be drug/alcohol tested? And what are the ramifications in case you refuse testing?
This is governed using 49 CFR 382. In quick, in case you are in a crash that includes a fatality, you ought to be examined. This is actually whether or not the crash changed into your fault or now not, whether or not you purchased a citation or not, and irrespective of what the police or your carrier says approximately it.
If there is no fatality, you are required to be examined only if you are mentioned using the police for a shifting violation. If you don’t publish to testing in a timely way while it’s required, you violate federal law. You additionally may open yourself up to a few evidentiary presumptions against you.
If you are in a crash, what ought to you do with your cell smartphone?
If you’re in a spoil, someone goes to want to examine your cellphone to see if you have been using it in the time leading up to the crash. When I say its usage, that consists of more than talking on it or texting with it. I also imply streaming audio or video or the use of any apps, including GPS.
It isn’t always unlawful to do sure things with a mobile smartphone while driving. However, it is illegal to be distracted while riding.
So what must you do together with your phone if you’re in ruin? Immediately speak to your safety representative and lawyer about whether or not you ought to preserve your phone. If you had not been doing whatever wrong with the phone, maintaining it proves so.
If you don’t preserve it, the opposite side may additionally recommend that you didn’t because you were as much as no desirable. If that’s the case, you need to allow your safety director or lawyer to realize that will decide the way to cope with the state of affairs. Whatever you do, you don’t need to get stuck mendacity approximately cell telephone use.