I'm screwed

[01WS6]

Okay so events in my other thread I wrote about "Need some advice" have gotten even worse. The cop wrote me down as at fault saying I clipped her rear end while making a lane change, and wrote me a ticket for careless driving. Now I'm hiring an attourney to take care of the ticket. Assuming I can get it dropped how badly is this rear-end collision going to hurt my job prospects? Do I have to report the accident to my employer and if so will they fire me? The event in question involved my personal vehicle not company equipment. I have been with this carrier for nearly 18 months with no accidents or tickets. Any advice would be appreciated.

[Rev.Vassago]

Assuming I can get it dropped how badly is this rear-end collision going to hurt my job prospects?

It may. The fact that it happened in a personal vehicle and not a CMV may help.

Do I have to report the accident to my employer

Yes.

and if so will they fire me?

That all depends upon your employer, and their insurance company.

[GMAN]

Most of the larger carriers pull an annual mvr on each of their drivers. Whether you tell your employer about it or not they will find out about it when they pull your annual mvr and see any tickets or citations. As Rev stated, it depends on your company and their insurance company as to how much or if it will affect your job. It will help if you have an otherwise good record with your company.

[Fredog]

if you DONT report and they find out, your chances of being fired increase dramatically

[Uturn2001]

Well if you get the charges dropped there is nothing to hurt you.

You really only need to report convictions to your employer that happened in your POV. So hold off saying anything until you find out if you are convicted of the offense(s) for which you were cited.

[Rev.Vassago]

if you DONT report and they find out, your chances of being fired increase dramatically

^THIS. It virtually guarantees a firing.

[golfhobo]

01WS6 said:

The cop wrote me down as at fault saying I clipped her rear end while making a lane change, and wrote me a ticket for careless driving.

Make SURE you know exactly how many charges you are getting. IF these two charges are separate, and depending on what statute they fall under, they COULD result in enough points to lose your license. If so, you will face a CDL suspension of at least 2 months. More on this below.

ALSO..... remember that a District Attorney CAN add charges above and beyond what the officer ticketed you for. See below.

Now I'm hiring an attorney to take care of the ticket.

ABSOLUTELY!! This is extremely important to fight this! (I would also discuss with him suing the b*tch, AND maybe the cop. Having a ticket made out before he talked to you???)

Take your little green book of regs to the attorney and make SURE he reads and understands reg 383.51 Disqualification of Drivers.

Assuming I can get it dropped how badly is this rear-end collision going to hurt my job prospects?

I assume you meant CAN'T get it dropped. If it is dropped, I would think it won't hurt you a bit.

Do I have to report the accident to my employer and if so will they fire me?

You don't need to tell them NOW. Each year, you have to fill out a form listing all tickets and/or accidents. IF you are convicted, you will need to list it then. The only accident you must notify them immediately on, is one in your CMV.

The event in question involved my personal vehicle not company equipment.

There are STILL repercussions. Again...depending on what he wrote up. If you are charged with leaving the scene of an accident in a POV, you lose your CDL for 1 YEAR!

Another thing to consider is this. Even if you don't lose your CDL over THIS incident, IF you let it go on your MVR you will put yourself in danger of having ONE STRIKE down within 3 years. IOW.... something happens AGAIN within 3 years, and you could lose your CDL and job.

Good luck and keep us posted.

P.S. I forgot to mention. IF they believe you rear ended the lady, that could be reckless driving AND "following too closely." ALL of these that you and I have mentioned, are considered MAJOR violations. You cannot afford to have ANY major violations on your MVR if you want to continue being a CDL holder for very long.

[zipy46]

Where I work there are two things that will get you canned on the spot without question.

1) Not reporting an accident

2) and rear end collision

[zipy46]

Its amazing how strict and tight the standards have become for the driving jobs..

[Rev.Vassago]

Where I work there are two things that will get you canned on the spot without question.

1) Not reporting an accident

2) and rear end collision

Agreed. Golfhobo's advice of not telling the employer immediately could very well weigh in their decision to keep or fire you in the future. You are, in my opinion, better off being up front with it, rather than hiding it and biding your time.

[dobry4u]

Agreed. Golfhobo's advice .........

I marked this on my calendar!

[01WS6]

I checked my companies handbook and there really is no mention about what to do about reporting an accident that occured in your personal vehicle. Im going to tell them but I want to wait and see if I can get the ticket dismissed so if they asked if i was cited I can possibly tell them no. I know my trainer had a student directly after me that rear ended a car on the highway and they didnt fire that student for the accident. I know because I went to CDL school with him and seen him on the road almost a year later. The only charge that I have on my citation is for careless driving, charge "1 of 1" on the ticket. I just hope i can get through this mess with my job and my cdl intact. Its really taking a toll on me....

[Rev.Vassago]

I marked this on my calendar!

Better uncheck it. I was disagreeing with his advice.

[BanditsCousin]

At United, I believe they give us 30 days from the time of the occurence to report it to HQ. After that, you are up the creek.

But, be honest with us (to the OP) were you driving aggressively like I see a lot of 4 wheelers and trucks do? You know, making the pass inches from the bumper?

[dobry4u]

Better uncheck it. I was disagreeing with his advice.

What was I thinking????? The universe is still in balance! ....sorry for my geriatric moment!

[Uturn2001]

Yes, some companies do want to know about everything 30 seconds after it happens.

Just to clarify things about not having to report it until being convicted is based on the regs not on company policies.

[golfhobo]

Where I work there are two things that will get you canned on the spot without question.

1) Not reporting an accident

2) and rear end collision

I'm assuming that is an accident in the Company's CMV. If you mean an accident in your POV, please state so specifically.

[golfhobo]

At United, I believe they give us 30 days from the time of the occurence to report it to HQ. After that, you are up the creek.

Again.... could you be specific about whether you/they are referring to an accident in your/their CMV? Or your POV?

[golfhobo]

I checked my companies handbook and there really is no mention about what to do about reporting an accident that occured in your personal vehicle.

Why am I NOT surprised?

[golfhobo]

To the Original poster:

Don't tell your company a single THING until or unless you are convicted of anything. Assuming your original story is the truth, you did not HAVE an accident to report!

I'm pretty sure that police officers are pretty well trained in the law, and they KNOW that hearsay is inadmissible in court. I doubt that the officer can TESTIFY that he SAW you engaged in the activity he cited you for. Your attorney SHOULD object to any statements he makes about WHERE the accident ocurred, or any pattern to your "alleged" driving.

Short and simple.... he didn't WITNESS a dang thing, and I doubt he can even be allowed to testify to it.

Even a court appointed attorney worth his salt could have this whole thing dismissed by the judge for lack of evidence. Usually, in this case, the D.A. would discuss the evidence with the officer, and decide not to even prosecute.

If you are telling us the truth, this should be a NON-issue! Regardless, and dismissing the Rev's opinion WITH prejudice, I would suggest you tell your company NOTHING until or unless there is something official to tell them.... and THEN only as it is required by company policy or FMCSA regulation.

I admit I haven't even scanned the regs for this, but I doubt the Rev can quote me one that even addresses it, let alone requires it. If he does.... I'll retract or redress my advice.