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Old 02-26-2008, 07:40 PM
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Default Truck flipping update

I just wanted to thank everyone to responding to my previous post and to give an update and ask for more advice. First, my husband has been a very careful driver. Like the one trucker said, "everyone makes mistakes", this one turned into an accident. He did not fall asleep, he was on a wet road with a sticky muddy shoulder. All the circumstances were in place for a crash. He does work for a large, self insured company and he really loves driving, so this has been devastating for him. We are just happy that he wasn't hurt, and also he wasn't ticketed. He asked the officer if he needed to pee, the officer said "no" that's up to your company. My husband asked the insurance adjuster if he could pee, and she said no also. My husband then got a flight home to Florida on Saturday. We still don't know anything. The company is still investigating the accident, so we don't know if he has a job or not. Does anyone think it is weird that he wasn't asked for a drug test? He offered twice, but was turned down. The saga continues...
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Old 02-26-2008, 07:44 PM
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glad he is allright, a persons life is worth more than a million dollar load
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Old 02-26-2008, 07:58 PM
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Don't have to pee right then for them to find something. If it was in the system then, it will still show later. Now a month later may be too long but they don't have to pee these days. Instead they use a piece of hair off your head, supposedly it is more accurate and can still show something from a further period back than a pee test would.

$hit happens. Neighboring company had 2 trucks roll, 1 was DOT reportable the other wasn't because it was a construction site. Neither was fired even though the construction site one was sheer stupidity. Dummy raised his bed on his dump truck to dump dirt out while sitting broadside on a slope. Another driver of theirs has been in 3 wrecks and lost a roll off box while taking a turn. This company now has a safety man because insurance said to get one but no firings.

My company has shut drivers down for getting a speeding ticket in their personal car that is 8 years old, but have allowed guys with a DUI that is 3 years old to drive. :roll: :lol:
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Old 02-26-2008, 08:18 PM
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Default Re: Truck flipping update

Quote:
Originally Posted by mighty3
First, my husband has been a very careful driver. Like the one trucker said, "everyone makes mistakes", this one turned into an accident. He did not fall asleep, he was on a wet road with a sticky muddy shoulder. All the circumstances were in place for a crash.
So it was the " The wet road with Sticky muddy shoulders " fault ???

Just speculating... maybe driving too fast for the conditions ???
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Old 02-26-2008, 08:39 PM
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When ever anything like this happens you should go to the nearest drug collection agency and have a test done at your own expense. If any of this were to go to trial a prosecuting attorney could say something like, he could have been high on something but we won't know, he didn't get a drug test. Probably because he was trying to hide something. Wadda ya think jury?

This was something that was told to me by a DOT official when I was having my new entrant exam.
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Old 02-26-2008, 08:43 PM
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Quote:
Originally Posted by SteveBooth
When ever anything like this happens you should go to the nearest drug collection agency and have a test done at your own expense. If any of this were to go to trial a prosecuting attorney could say something like, he could have been high on something but we won't know, he didn't get a drug test. Probably because he was trying to hide something. Wadda ya think jury?

This was something that was told to me by a DOT official when I was having my new entrant exam.
SteveBooth's response is a very good point. Always CYA...
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Old 02-26-2008, 08:55 PM
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Quote:
Originally Posted by SteveBooth
When ever anything like this happens you should go to the nearest drug collection agency and have a test done at your own expense. If any of this were to go to trial a prosecuting attorney could say something like, he could have been high on something but we won't know, he didn't get a drug test. Probably because he was trying to hide something. Wadda ya think jury?

This was something that was told to me by a DOT official when I was having my new entrant exam.
Never volunteer anything that isn't requested. Plain and simple. Don't admit fault, make incriminating statements, etc. It is law enforcements burden of proof. If they thought you were impaired then they would have sent you down for a blood draw. Hair tests and urine samples are inadmissible in court.
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Old 02-26-2008, 08:59 PM
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Default Re: Truck flipping update

Quote:
Originally Posted by mighty3
We are just happy that he wasn't hurt, and also he wasn't ticketed.
Once they finish their investigation, they can still cite you in absentia. Meaning they will mail you the ticket, usually via certified mail. Or the state can notify you that a warrant has been sworn out and you would have to return to the state to post bond and then return home until your court date. Depends on the state where this occured.
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Old 02-26-2008, 09:02 PM
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While the hair test is more accurate than a urine test it is not accept by the D.O.T.

One problem with hair test is it does not show a detectable levels for about a week after ingestion.

I would agree with SteveBooth go to the nearest certified drug collection agency and have a drug screen test done.

kc0iv
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Old 02-26-2008, 09:02 PM
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Default Re: Truck flipping update

Quote:
Originally Posted by mighty3
He does work for a large, self insured company and he really loves driving, so this has been devastating for him. Does anyone think it is weird that he wasn't asked for a drug test?
I think you know the answer. He works for a major carrier, had a roll over and they don't want a drug test? I'm pretty sure they're going to cut him lose. If they had any notion of keeping him they would have tested him for insurance reasons. But if the rollover was blatantly his fault, why bother.
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