[Drew10]

Have the film develped yourself. Do not use a digital camera only to capture "evidence". Having the film transfered to CD is OK, just as long as you have the original "hard" copies.
I had to take pictures after a car that side swiped the fender on my company truck. (State Police wrote me a citation for the "accident")When I called safety about it and told them I would develop the film and send them copies, they said that would be fine. You want to have hard copies for yourself, (possible evidence later for a lawyer if you should need one). It may be difficult and time consuming getting copies back from the company if you let them develop the film. Keep the reciept for developing and submit to the company for reimbursment, they should be OK with that.
BTW I did need a lawyer for the "accident". Lawyer took it to court and the case was dismissed.

If you didnt get a written statement from that yard jockey at Lowes, you should have. Try to get a written statement from him ASAP, Keep a copy and send a copy to you company.

[golfhobo]

I don't have any answers for you, as I have no experience in hitting anything. (Not bragging, just stating a fact.)

But, this is what bothers me....

If the yard jockey was right there to honk at you, why didn't you ask her to slide the trailer to your left BACK?? It was (possibly) her job to do it right the first time.

I thought I read where you said you did everything possible to prevent the incident, but I can't find it now while re-reading. This is ONE thing you could have done to PREVENT the incident.

I hope all goes well for you, but in a way, this WAS preventable in that you could have asked the jockey for some help.

Just something to think about.

I would be VERY suspicious of the timing and intentions of the Lowe's "pit crew!" Get a copy of THEIR incident report ASAP (if you can.)

Don't be the LAST to know what is happening with your "case," be the FIRST to know!!

[spencerian]

Great answers, and a lot of help....Thanks guys!

I called Safety at TransAm. They don't handle accidents, that's the Risk Managemnet department. So I talked to someone there.

She told me she couldn't find an accident on my record.
I told her what happened, she acted like it was a non-issue.
She said maybe it was filed in the Incident folder.

Thank GOD! Because if it were charged as an accident, I wouldn't have any recourse as they don't have "peer review".

[Sizzle]

You are very fortunate that they didn't give you a preventable. My company calls everything either a preventable or non preventable. Most companies make a distinction between incidents and accidents. An incident being anything non-DOT reportable. These are usually anything other than an accident on the highway with another vehicle.

We are supposed to take pictures and send them into Safety. We're are not supposed to develop them. Unfortunately, unlike what other drivers have mentioned, we never know what accidents they give us until we leave the company. I left last year and came back when I couldn't find better benefits.

I have a very proactive DM now so I'm sure she would let me know. However, when we used to haul trucks a bunch of us were "slammed" with accidents when the fuel ferrings flew off during our trips to the dealerships. That happened frequently when we did "boom" loads-that's when you drag a bobtail backwards. You'll see the tow trucks pull a broken down bobtail that way from time to time. The air would get up under the fuel ferring and tear it right off the truck. The shop personnel used to tape them on but the dealerships complained, that it pulled the paint off when we removed the tape. That was rather ironic considering that a ferring must cost hundreds of dollars when it came completely off and you didn't notice it was gone for a while. We started putting bungies on them from the inside so they wouldn't fly off. As dealerships told us repeatedly trucks are not manufactured to go backwards. [i.e. The problems that we experienced.]

Frankly, securing the parts was an issue that should have been addressed to the shop personnel who "allegedly prepared the trucks" for departure. We had to fight like wildcats to get those off our records. Fortunately, for me they hadn't reported anything to DAC yet so I contacted Safety and they took my "accident" off my record. My ferring didn't even come off just got a little "mark" on it when it was in the process of flying off. Some of the gals/guys ended up not caring because they were told that our company is famous for slamming drivers with alleged accidents. That way the company gets to keep a driver because no one else wants them. :?

The most ironic part is that they hadn't reported anything to DAC before I left and I had to call Safety to ask them to put my "accidents" on my DAC. No one could confirm my employment otherwise. My company makes other companies pay for the info. -most companies won't/don't pay for info. Isn't life grand? I was laughing thinking that I actually had to ask them to "slam" my DAC. 8)

[Sizzle]

Oops, I can see I screwed up on previous message: We're are not supposed to develop them. Missed the fact that I repeated myself. Obviously, not an English Major. :?

We have disposable cameras in our trucks provided by the company. I had an accident the first month I was a solo driver. I never got a copy before I sent in the pictures to Safety. Wish I had now!!! A 4-wheeler caused a hell of a mess... I ended up with a ticket. Fortunately, it was 'deferred" by the judge. Which ment if I didn't have another accident within the next year it wouldn't go on my M.V.R.

But, oh buddie it's on my D.A.C. and it was a bad accident. I ended up in a levee. So if it's on the D.A.C. and you don't have a corresponding ticket it isn't nearly as bad for you. When I quit last summer every company hired me that I applied to. I even got hired by the Truck Hauling Company that took over hauling the Volvos from us. They took 3 weeks to investigate my two years of driving experience. They told me that if the ticket had gone on my M.V.R. they could not have hired me.

My company didn't fire me. I was rather ticked with the 4-wheeler that my first month as a driver I would end up in a levee due to her idiot maneuvers. After paying a fortune for trucking school-I certainly didn't want to end up out of a job. I anticipated getting fired. However, when the company sent me from Seattle back to Phoenix with another driver I realized I wasn't fired.

I didn't get a lawyer just called the Courthouse and the Clerk informed me that I could ask for a "deferred sentence". At that point, I was ticked at myself that I hadn't gotten one of those "Trucking Legal Agencies" for a certain dollar amount per month. All my friends were certain I wouldn't fair well. Guess I was extremely lucky. I found out later that the accident report was about 75% fictitious. I never got the report until two years later when I quit last summer. All the companies were asking for the report. NEVER LEAVE AN ACCIDENT WITHOUT THE REPORT. That WA Highway Patrol schewed the report to make it look like there was no doubt that I was the guilty party. I think the judge must have seen the numerous discrepancies when he read my version. Boy, was I lucky!!!

Washington State is not trucker friendly. They will always try to give the driver a ticket when a 4 wheeler is involved. Another friend of mine got the same ticket the next week in Washington and went to court to fight it.

[malaekat]

Hopefully you now know for next time when they tell you to park a trailer somewhere and that space is taken rather than go into another space that appears tight you go back tell them the space is ocuppied get their directions to another space and if it happens to be the one thats too tight tell them so and insist on a guide. Good luck i hope they don't nail you for all the damage.

[Skywalker]

Originally Posted by inmate1577

Buy a disposable film camera and keep it in the truck. A digital can be easily manipulated and therefore it probably wont be accepted as proof.

Praytell, how does one manipulate a digital camera? Especially if I retain the originals? Regular film can be photoshopped probably even easier.... And digital photos are as acceptable as any others.

[Skywalker]

Originally Posted by Useless

Skywalker;

You are far better versed in matters such as these than I am. I'm offering my observations for the purpose of seeking critical review; this is NOT an area where I claim any expertise, so if I'm wrong, please tell me.

You have far more time under your belt than I do.

My concern here is that I see this situation as being ripe for finding a scape goat. My concern is the sudden swarm of golf carts and scarecrows.

This was precisely what I thought when I first read it. The "swarm" was just "too serendipitous"....

If they swarmed so suddenly, then it strikes me that they may have been looking to wash their skirts of potential liability, and redirect previous damage back to Trans-Am. Unless the other trailer was very badly damaged, then I can't see Trans-Am risking disenfranchising an account over such a minor issue as this.

Precisely my thoughts. The warehouse's own jockey probably did the damage, but they, the management fully well knows that if they can shift the blame for the damage, then they can save at least a thousand dollars in repair cost and possibly more

Having the pictures may help from liability standpoint, but if Trans-Am is being as poorly managed as has been previously indicated, then in my estimation, it won't be long before the finger pointing on their part begins.Certainally, having pictures & names of people will help, at least I hope it will!!

Having pictures is the best possible thing a driver can do, and especially if the driver can accidentally get the pictures of all persons who are in the immediate area and who claim to be witnesses. It can serve to prove who was or was not there at all, and it is the only reliable way to show or prove whether or not there was any damage to begin with.

At worst, it seems to me that Trans-Am could snag Spencerain for an off road preventavle, which, for most companies that I know of, is no big deal.

[b]Actually, I think if he has photos, and other statement documentation ready that will defend his position, and if he goes about it in a gentlemanly yet forceful and diplomatic way....he can avoid any "pings" at all. Whether or not TA is mismanaged or not....Safety Departments know that they cannot be "cavalier" in judgments. But in any event, were I he, I would order a copy of my DAC within 30 days of the incident or whatever determination has been made...if unfavorable to the driver, read what was posted and immediately "in writing directly refute the allegations" and send them to DAC under "registered return receipt requested US Mail". The company will have 30 days to disprove him. Now, at this point its a lot of he said, he said....and what may just as likely come out of this is TA will repair their trailer at their cost....and just forget it. They as a trucking company are not "stupid" and this is probably not the first time a shipper or receiver has damaged their trailers, and probably will not be the last time.[b]

As far as fighting DAC?? It seems that doing that would be tough. Reasonable doubt, or, for that matter, preponderance of evidence, does not seem to enter into the picture when it comes to challenging DAC. Is that right?? Is that fair to the driver? Not in my opinion, but DAC has never called me soliciting my opinions on anything.
Which is a pity, I've no doubt!! :wink

As long as he follows the rebuttal policy, DAC has to do their part. And even if the company still stands their ground, DAC has to keep his statement attached to his report....by law.

Regarding Peer Review; that's great if their is such a review panel; the problem that I see is that Trans-Am seems to have no interest in retaining drivers.

And that is greatly to their detriment. And its probably a good signal to others that TA is not a good company to work for.

So Skywalker,
What do you think?? Can he successfully challenge this without a lawyer??

Yes...without much fanfare as well....but he has to follow the proper processes.

[Orangetxguy]

Hmmmm..don't know if anyone wants my two cents...but here it is! IF you are accused by "Store Personell" of having an accident or of causing damage...the first action you should take, to CYA, is look up and around. Check for the locations of all video cameras on the property. Ask those whom maybe be "accusing" you of improper actions, whom is in charge of security, then ask that "Person in Charge" to secure the original tapes from those cameras that are situated in the immediate area. Since the store "employees" are accusing you of damages, it is safe to assume the cameras work. Or not!!

After locating the store's cameras, then do your standard accident report, with a throw away camera as has already been suggested.

My 2 cents.

[Useless]

Originally Posted by Orangetxguy

Hmmmm..don't know if anyone wants my two cents...but here it is!
After locating the store's cameras, then do your standard accident report, with a throw away camera as has already been suggested.

My 2 cents.

I'd say you gave us our money's worth! 8)