OK, I’m sticking my head into a CAD discussion for a brief shining moment, since I still do follow the board at times – usually when I get an e-mail that Kevin is complaining again.
So here’s the straight skinny on what everyone is discussing. I’ve been in the office side of the trucking business for nearly 8 years and I’ve ordered and reviewed thousands and thousands of MVRS and DAC reports. So I speak from experience and know what I’m talking about.
An accident report on an MVR does not and never will indicate fault. All an MVR accident report does is indicate that there was some sort of accident report filled out by a “qualified” LEO that is now attached to your CDL/DL and is residing in a file cabinet or on a website or in some database somewhere. And it will always be there. The only legitimate reason for an accident report NOT to show up on an MVR will be due to clerical error, although I have seen instances where it took quite some time for the accident report to show up on the MVR. But over the years, I’ve spoken to many drivers that have dropped a lot of dollars on lawyers that said they could get an accident report removed from an MVR, all to no avail. It might happen, but I’ve never seen it.
Now, regarding that actual accident report – to a trucking company that sees it on the MVR, it means they will want a copy of it. Period. As far as the deer hit, no sweat. Make sure you have a copy of it and fax it to any potential employer that asks. I worked a guy several years ago that had 7 accidents on his 3 year MVR…all of them were animal hits – deer, dog, horses (3 of them to be exact…right on a PA highway in the fog). But he had reports on all 7 of them and never had a single problem. It happens.
However, the rear ender is going to be a headache in more ways than one.
Many times, an accident on an MVR will be accompanied by a separate MVR entry for a moving violation and that will usually indicate fault right there. In the original posters case, his MVR will ALWAYS show the accident – well, at least for the length of the state’s records keeping. Some states let things fall off after 3 years, some 5, some 7, some 10, and at least 3 of them are forever MVRS (MO, SC, and MA), meaning nothing ever drops off. But for the length of that MVR record, that accident report will show as a listing, regardless of the outcome of the court case. Again, it is only a pointer to a document, nothing more.
But again with the OP, he will also have that charge for careless driving listed on his MVR, happening on the same date as the accident. Any safety person or recruiter with a barely functioning brain will be able to put 2 and 2 together and that will be the end of that. Hmmm….accident…careless driving…same date…NEXT! Now you see where this is going.
Even worse, in the case of the OP, the fact that the accident report indicates he was at fault, will be a problem. EVEN if he gets the charge of careless driving dismissed in court and removed from his MVR, that accident report cannot be changed. It is an official document. What the OP needs to do IF he gets the charge dismissed is append a copy of the ruling to a copy of the accident report that he should have available to him at all times, if he plans on looking for another driving job. When a potential company asks about it, he can fax it all right over. End of story and no problem.
But…plead to a lesser charge and your screwed. Lose the case and your screwed. Either way, there will be a moving violation or miscellaneous charge on your MVR that will be tied to that accident report by the date. Whether that charge is careless driving or an equipment violation or a jaywalking ticket, it’s going to indicate to any interested party that the accident report was correct and the driver simply plead it down to avoid points and the inevitable insurance rate hike.
Your only hope with future employers is to not plea bargain, but to get that moving violation complete removed. Then hold on to the “victory” and supply it when asked.
However, all of that doesn’t even touch the fact that you haven’t reported it to your company yet. That alone will probably end up getting you terminated and slapped with a company policy violation at the very least, regardless of the outcome, because they will see those accident reports when they pull your next MVR. Had you reported it immediately, told your safety director exactly what had happened and what you were doing, he most likely would have simply told you to keep him informed and that would have been the end of it. Even losing the court case would most likely not have effected your employment. You see, it’s gone beyond the accident and the charge – now it’s all about trust. The fact that you didn’t report it immediately conjures up images of someone trying to hide something and right or wrong, that is exactly the perception you are giving to any interested party. To the posters of this board, the majority probably believes you and sympathizes with you. But to a safety director, who is ultimately responsible for who he leaves in a company’s truck, that’s going to be a major red flag and likely result in an immediate termination. I’m not casting judgment…just stating the probables.
I’ve said this before for the years I’ve been part of CAD – in this industry, full disclosure is always your best bet. Doing so now is probably going to be too late. But good luck with it. I’ll be interested to see how it plays out.
You may all now carry on.
Originally Posted by golfhobo
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