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Trucking Law: Things to consider after an twist of fate

Trucking Law: Things to consider after an twist of fate


If you’re in a crash, when must you be drug/alcohol tested? And what are the ramifications in case you refuse to try?

This is governed using 49 CFR 382. If you are in a crash that includes a fatality, you should be examined. This is whether the collision changed into your fault, whether you purchased a citation or not, and irrespective of what the police or your carrier says about it.

If there is no fatality, you must be examined only if you are mentioned using the police for a shifting violation. You violate federal law if you don’t publish testing promptly while required. You additionally may open yourself up to a few evidentiary presumptions against you.

What should you do with your cell smartphone if you are in a crash?

If you’re in a spoil, someone wants 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 using any apps, including GPS.

Doing certain things with a mobile smartphone while driving isn’t always unlawful. 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 you should preserve your phone. Maintaining it proves you have been doing nothing wrong with the phone.

If you don’t preserve it, the opposite side may additionally recommend that you didn’t because you were as much as not desirable. If that’s the case, you need to let your safety director or lawyer realize that will decide how to cope with the state of affairs. Whatever you do, you don’t need to get stuck in mendacity regarding cell telephone use.

Elizabeth Coleman

I am a lawyer by profession and a blogger by passion. I started blogging to express my views on various issues.The blog has now become one of my passions. After seeing so many of my friends and colleagues using blogs for their business purposes, I decided to share my views through my blog.I love reading other people's blogs. I am trying to write one every day, and sometimes when I have time I write two or three posts per day.