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CannedSpam
Joined: 15 Mar 2006
Posts: 42
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| Posted: Sat Aug 04, 2007 10:12 pm Post subject: Company says accident was preventable/Need advice please |
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| I was involved in an accident a couple months ago that was not my fault but the company I am currently employed with insists that it was preventable. What ,if any, recourse do I have to refute their claim outside of the company? Please anyone with some first hand knowledge of what actions to take in responce to this situation respond. |
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Uturn2001
Joined: 10 Jan 2005
Posts: 4623
Location: East Central IL between the corn and the beans
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| Posted: Sat Aug 04, 2007 10:56 pm Post subject: |
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What happened?
I also hate to burst your bubble, but the vast majority of accidents are considered preventable by the trucking companies, and if you take a cold, logical look at the accident/incident most are preventable in some fashion. |
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yoopr
Joined: 01 Dec 2004
Posts: 12866
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| Posted: Sat Aug 04, 2007 11:03 pm Post subject: |
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| this happened 3 months ago? Your odds of changing this is slim to none. |
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CannedSpam
Joined: 15 Mar 2006
Posts: 42
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| Posted: Sat Aug 04, 2007 11:06 pm Post subject: |
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I am not really looking to get into particulars about the accident, but I will say that the other motorist that struck the company truck that I was driving at the time was cited for failure to yeild. Anyone with some actual, intelligent
first-hand knowledge of such recourse a driver might have in such a circumstance as this please chime in. Thank you in advance. |
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CannedSpam
Joined: 15 Mar 2006
Posts: 42
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| Posted: Sat Aug 04, 2007 11:11 pm Post subject: |
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yoopr wrote: this happened 3 months ago? Your odds of changing this is slim to none.
I said a couple months ago. June 19,2007 if you must be technical about such things. The insurance and law enforcement have concluded that this was not an "at-fault " accident on my behalf, but after the fact the company I am currently employed with labeled this "preventable". |
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allan5oh
Joined: 26 Aug 2005
Posts: 2151
Location: jackassville (winnipeg, mb)
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| Posted: Sat Aug 04, 2007 11:27 pm Post subject: |
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at-fault <> preventable, the other persons failure to yield is essentially irrelevant.
Could you have done anything reasonable to prevent this accident?
Did the vehicle "come out of nowhere"? |
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Uturn2001
Joined: 10 Jan 2005
Posts: 4623
Location: East Central IL between the corn and the beans
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| Posted: Sun Aug 05, 2007 2:17 am Post subject: |
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The only thing you can do is appeal the decision through your company.
I would suggest however, that at the very least you sit down with them and have them explain how this accident is considered preventable. |
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Fozzy
Joined: 02 Sep 2005
Posts: 2460
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| Posted: Sun Aug 05, 2007 6:44 am Post subject: |
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CannedSpam wrote: I am not really looking to get into particulars about the accident, but I will say that the other motorist that struck the company truck that I was driving at the time was cited for failure to yeild. Anyone with some actual, intelligent first-hand knowledge of such recourse a driver might have in such a circumstance as this please chime in. Thank you in advance.
I have plenty of experience with review boards.. I've sat on a few of them. The accident was reviewed by a group of drivers and the standards of preventable VS non-preventable are applied and the fact is that almost every accident is preventable in some way. The other driver can be totally at fault and not "yeild" to you, but if there is contact between your truck and the OV, you still probably could have done something to have prevented the collision. You are not "at fault", the accident was preventable. |
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nickbtubas
Joined: 13 Mar 2005
Posts: 608
Location: Kansas Flatlands
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| Posted: Sun Aug 05, 2007 8:58 am Post subject: |
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Ive sit in with review boards (they are boring).
they best and easy way to define an accident is as follows:
Preventable Accident: You were moving in some fashion and hit something or something hit you.
Non-Preventable Accident: You were motionless and something hit you..
You got to give us specifics on the accident to help us out. Plus you misfortune will probably help many new drivers just starting their career.
You also waited a long time to appeal the decision. a review board would be completed after the few weeks after the accident (1-3 weeks). |
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Ridge Runner
Joined: 18 Oct 2004
Posts: 2432
Location: North Ga.
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| Posted: Sun Aug 05, 2007 5:53 pm Post subject: |
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Fozzy wrote: CannedSpam wrote: I am not really looking to get into particulars about the accident, but I will say that the other motorist that struck the company truck that I was driving at the time was cited for failure to yeild. Anyone with some actual, intelligent first-hand knowledge of such recourse a driver might have in such a circumstance as this please chime in. Thank you in advance.
I have plenty of experience with review boards.. I've sat on a few of them. The accident was reviewed by a group of drivers and the standards of preventable VS non-preventable are applied and the fact is that almost every accident is preventable in some way. The other driver can be totally at fault and not "yeild" to you, but if there is contact between your truck and the OV, you still probably could have done something to have prevented the collision. You are not "at fault", the accident was preventable.
I'm sorry to say that I'm LOST on this subject. I should know more about this kinda of thing as it could affect me sometime in the furture.Are there any "guide-lines" to go by? Any national standard? I can see a lot of room for abuse by the companies who want to keep their drivers from being able to leave for another company. If you you use the standard you described then everything is preventable. Two or three preventables and your chances of getting a job are close to slim to none. |
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Fredog
Joined: 23 Apr 2005
Posts: 2169
Location: North Georgia
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| Posted: Sun Aug 05, 2007 6:02 pm Post subject: |
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Ridge Runner wrote: Fozzy wrote: CannedSpam wrote: I am not really looking to get into particulars about the accident, but I will say that the other motorist that struck the company truck that I was driving at the time was cited for failure to yeild. Anyone with some actual, intelligent first-hand knowledge of such recourse a driver might have in such a circumstance as this please chime in. Thank you in advance.
I have plenty of experience with review boards.. I've sat on a few of them. The accident was reviewed by a group of drivers and the standards of preventable VS non-preventable are applied and the fact is that almost every accident is preventable in some way. The other driver can be totally at fault and not "yeild" to you, but if there is contact between your truck and the OV, you still probably could have done something to have prevented the collision. You are not "at fault", the accident was preventable.
I'm sorry to say that I'm LOST on this subject. I should know more about this kinda of thing as it could affect me sometime in the furture.Are there any "guide-lines" to go by? Any national standard? I can see a lot of room for abuse by the companies who want to keep their drivers from being able to leave for another company. If you you use the standard you described then everything is preventable. Two or three preventables and your chances of getting a job are close to slim to none.
example, you are driving along, car is coming out of side road, he stops at stop sign, looks at you and then goes and you cant stop and you hit him.. his fault, but preventable because you should have covered your brake and been prepared to stop./ this is how it was explained to me by an insurance rep. like you said, almost everything is considered preventable. I asked for an example of non-preventable, he said.. you are driving along and a meteorite falls on you, that is not preventable. so in other words.. in most cases you are SCREWED!! and no you dont get a kiss |
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Useless
Joined: 08 Oct 2005
Posts: 3145
Location: Canyon Lake, Tx.
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| Posted: Sun Aug 05, 2007 6:04 pm Post subject: |
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Ridge Runner wrote: I'm sorry to say that I'm LOST on this subject. I should know more about this kinda of thing as it could affect me sometime in the furture.Are there any "guide-lines" to go by? Any national standard? I can see a lot of room for abuse by the companies who want to keep their drivers from being able to leave for another company. If you you use the standard you described then everything is preventable. Two or three preventables and your chances of getting a job are close to slim to none.
Just about, Ridge Runner!!
At the same time, there IS a difference between "Accountability" and "Culpability", and drivers DO need to understand that whether an accident or an incident is legally "their fault", the fact is that they have been trusted with somebody else's money, somebody else's asset, sombody else's cargo, and somebody else's "risk", and they have been entrusted to get from Point A to Point B with everything in tact.
The sooner a driver gets that burned into his head, the better chance he has of keeping everything in one piece.
Are there abuses?? Yes!!.....and IMHO, their should be some degree of accountability and repriasals for compqanies who wrongfully determine an accident to be "preventable". |
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Ridge Runner
Joined: 18 Oct 2004
Posts: 2432
Location: North Ga.
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| Posted: Sun Aug 05, 2007 6:28 pm Post subject: |
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| OK. I guess what I'm getting at is : You have an accident. You are not at fault. Your comapny decides the accident was preventable. It goes on your DAC as a preventable. Does DAC also list it as you being NOT at fault? If a company pulls your DAC will they only see that you had x number of preventables without knowing what happened? Sorry, but I just don't see how in Freddogs example the driver should/could be charged with a preventable. Are we to have the ability to read other drivers minds? ( I'm talking about someone pulling out in front of you with NO room to stop.) |
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Fredog
Joined: 23 Apr 2005
Posts: 2169
Location: North Georgia
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| Posted: Sun Aug 05, 2007 6:36 pm Post subject: |
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Ridge Runner wrote: OK. I guess what I'm getting at is : You have an accident. You are not at fault. Your comapny decides the accident was preventable. It goes on your DAC as a preventable. Does DAC also list it as you being NOT at fault? If a company pulls your DAC will they only see that you had x number of preventables without knowing what happened? Sorry, but I just don't see how in Freddogs example the driver should/could be charged with a preventable. Are we to have the ability to read other drivers minds? ( I'm talking about someone pulling out in front of you with NO room to stop.)
not all companies would call it preventable. mine wouldnt, he was just giving examples of potential situations, I understand that dac will put anything a company says on your report and then you play hell trying to get it corrected. |
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Fredog
Joined: 23 Apr 2005
Posts: 2169
Location: North Georgia
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| Posted: Sun Aug 05, 2007 6:40 pm Post subject: |
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Fredog wrote: Ridge Runner wrote: OK. I guess what I'm getting at is : You have an accident. You are not at fault. Your comapny decides the accident was preventable. It goes on your DAC as a preventable. Does DAC also list it as you being NOT at fault? If a company pulls your DAC will they only see that you had x number of preventables without knowing what happened? Sorry, but I just don't see how in Freddogs example the driver should/could be charged with a preventable. Are we to have the ability to read other drivers minds? ( I'm talking about someone pulling out in front of you with NO room to stop.)
not all companies would call it preventable. mine wouldnt, he was just giving examples of potential situations, I understand that dac will put anything a company says on your report and then you play hell trying to get it corrected.
you might find this interesting
http://www.speedingticketcentral.com/DAC.html |
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