Fired

[CharismaticEvil]

Well, it's been a while since I posted, I left Swift and went to Werner. Werner hired me on 10/20/06 and fired me on 03/02/07 when I had an accident. I don't have the money or the credit to go to school again to learn a new trade. I love driving big trucks, and have 3 months verifyable experiance, what should I do now that I have a ticket that is in the process of being fought in court?

edit: I guess what I'm asking is, will anybody hire me now?

-Nicole

[jnk2001]

what kind of accident was it?

[CharismaticEvil]

Well, I was in West Memphis Arkansas, at the busy street and intersection between I-40 and I-55, the one with all those truck stops. Well, as usual, the 4 wheelers were being anything but considerate to the big trucks, and the only way any of us were getting out of there was to time it and make a run for it. Well I waited, I watched, and I thought I was good to go. Well I start to pull out, and here comes this pretty little brand new pick up truck from a good ways off. I'm thinking he's gotta see me! It's hard to miss a tractor trailer for pete sake. Well I'm already pulling out of the truck stop, and am just begining to start my turn to go left so I can get on I-40. I'm grabbing as many gears as I can as quickly as I can, trying to speed shift since I see this pick up coming, and he doesn't even slow down. He didn't swerve to avoid me either, no effort whatsoever to avoid the collision on his part, and pow! Right into the middle of my trailer he smacks. I hear his windshield shatter, and see his entire front end crumple. I immeadiately threw on my hazard lights, and went to check on him, expecting the worst and thinking oh god what have I done?!! Thinking if I would have just waited... even if I would have had to wait an hour! Well the cops come out, and tell me to stay in my cab, I call and qualcom Werner, and expect the worst, hoping for the best. The pickup driver was uninjured and refused an ambulence. I got ticketed for "Failure to maintain control of the CMV safely". But the thing is, I never lost control of the truck, so I paid a lawyer $250 to fight the ticket in the hopes she can get it off my record. I'm really worried though, since Werner fired me, I have no way to get to another state to appear in court! So I'm in a hell of a bind. I don't know what to do, and I need another job fast. Anyhow, the driver got his pickup towed, a big rig wrecker had to come out and do a temporary fix on my rig too because of where the pickup impacted. It pinched the brake lines, and the trailer brake (red valve) would not push in. So I get into one of the truck stops, he gets to working on my rig, and I get him some information, and before he finishes, Werner has me leave to go take a breathalizer and a urinalysis which I passed with flying colors. It was at the very begining of my day too, I'd been driving maybe 2 hours, so I was well rested. The thing is, Werner had me deliver the load I had, and then take another load to get me closer to a terminal. Then they tell me to take a road test to determine weather or not I still have a job. Well they wouldn't give me a straight answer if I passed the road test, and then they canned me after making me sit in the terminal for 3 days, I couldn't even pull an advance or get out to get anything to eat! Then, they tell me I'm being fired for "unsatisfactory safety record". If I'm such an unsafe driver, why not just dead head me from the point I made my delivery after the accident to the terminal? Or hell, for that matter, why not fire me on the spot insted of getting me another load? I don't know if I have a leg to stand on here, but they were pretty mean about things. They wouldn't let me park near the gate either to clean my truck out, so I had to park in the back with hte other bobtails and walk about half a mile, and make 3 trips to bring all my crap up to the gate. I was not happy... I am trying to fight that ticket though, so what'cha think? Can I get another trucking job?

[Twilight Flyer]

Werner could not or would not fire you on the spot until they had a chance to review the accident. In addition, had they fired you on the spot, you would not have been able to drive or deadhead to the yard and would have been pretty much on your own.

As far as the accident goes, that's a pretty serious one. I'm surprised you got the failure to maintain control when it probably should have been a failure to yield, which would have been much worse. But the accident was your fault, from what you are indicating...you did pull out in front of him and whether he could see you or not, the blame still falls on you unfortunately.

Not much you're going to be able to do. 3 months with major preventable accident...not many companies will hire you with that. You might try a local mom & pop joint, but that'd probably be about it.

Good luck to you.

[Rev.Vassago]

Unfortunately, the accident and the citation are two completely different things. Even if you get out of the citation, the accident is still going to be on your record, and is likely (almost a guarantee) a preventable accident. Getting out of the citation will not change this fact.

[CharismaticEvil]

Thanks everyone, it's looking more and more like my hubby's about to go off to trucking school by the sounds of it, and I'm about to wind u pa stay at home mom for at least a while...

[devildice]

Sorry to hear about your accident and your termination. The absolute most important thing here is that NO ONE was injured.....or worse.

[Lewis friend]

I'm sorry, i didn't catch where you live?

[yoopr]

I'm sorry, i didn't catch where you live?

I'm sorry-which one are you?

Lewis friend [ 163 Posts ]

Dawn Kirshna

[Blacksheep]

I'm sorry, i didn't catch where you live?

I'm sorry-which one are you?

Lewis friend [ 163 Posts ]

Dawn Kirshna

Don't you get to look at the IP's ?

[yellowcabbill]

Hi There Miss Evil, you might grab a copy of the states motor vehicle code book and read over the section that has to do with intersections. You will want to read everthing that has to do with "control of the intersection' Read very closely about the information that has do with when you need to yield to the other vehicle if they have taken "control of the intersection" In other words if your trailer was hit in the rear close to your rear tires your position would be that your truck was in control of the intersection and the other vehicle was obligated to yield. Another factor would be to measure the skids marks left by the pickup. There is a formula that sez so much so much skid = so much speed and if he was speeding and unattentive to road conditions you may not be held at fault legally. Now if you have an argument with Werner I don't have a clue, but I won several small claims court actions based on the above position. One just isn't allowed to run into everthing in front of you. Bill-happy reading

[Windwalker]

Hi There Miss Evil, you might grab a copy of the states motor vehicle code book and read over the section that has to do with intersections. You will want to read everthing that has to do with "control of the intersection' Read very closely about the information that has do with when you need to yield to the other vehicle if they have taken "control of the intersection" In other words if your trailer was hit in the rear close to your rear tires your position would be that your truck was in control of the intersection and the other vehicle was obligated to yield. Another factor would be to measure the skids marks left by the pickup. There is a formula that sez so much so much skid = so much speed and if he was speeding and unattentive to road conditions you may not be held at fault legally. Now if you have an argument with Werner I don't have a clue, but I won several small claims court actions based on the above position. One just isn't allowed to run into everthing in front of you. Bill-happy reading

And, my guess is that this varies from state to state too. Which state are you looking at? West Memphis is in AR. What does their code say?

[malaekat]

I agree with yellowcab bill he seems to have the handle on ti that it may not be your fault based on your position in the intersection, the other drivers speed and use of due care and attention. As far as your employer goes it sounds like you may have a case for 'constructive dismissal' a delay in terminating you so they can get more work out of you is an unfair labor practice and terminating you before fault has been assessed (it didn't sound like the insurance adjuster was at the scene or that any court had laid fault) was a preclusionary jump on their part - convicting you before you were convicted legally as you have rights to challenge tickets. Questions come to mind were you their only female driver? Were you their first female driver? How many of their male drivers had similar accidents and were teminated for it?(I suspect they have male drivers who have had accidents but weren't terminated). Did you at any time admit blame? Was the other driver intoxicated or on the road for too many hours? There are so many questions but a good lawyer will get them answered. As far as getting another job i am in canada and we operate on a demerit system here so very few drivers have clean records(I doubt that American drivers are any better) and unless you have alot of demerits employers will hire you. Yes it is true that with your lack of actual road time post licencing it may be difficult to find other employment, but you need to look at it this way - your a new driver to begin with and would have a harder time finding employment for that reason than in actually having road time and an accident that could happen to anyone at any time. Any road time counts in your favor and for some employers having a history of 1 accident may actually show that you are human but by keeping with the career choice shows dedication and an ability to get back on the horse and not let things get in your way. Accidents happen that is life on the road get back on that horse learn from what happened don't let what happened be the end all for your choosen life.