[Sabine]

ok guys, maybe I jumped the gun. I guess I have a problem with accidents declared preventable that involve me as a driver, legally driving, not running lights, not speeding.

And then some moron runs a light and hits me. In theory you should be prepared to stop, but if the legal speed is 65 (as it is on US 67 in MO, and there are several lights), I know it is not possible to stop for someone who is running the light. I don't do 65 thru these intersection, but I am not creeping at 35 either.

While you should always prepare yourself for the unexpected, some things truly can't be avoided. You can try, but no more than that.

[kreeper01]

Looks like this pretty much sums it up.

Originally Posted by nickbtubas

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..

[Useless]

I think that many excellent points have been made here.

Reading the different perspectives offered here has caused me to go back and revisit my perspectives on this matter.

The issue of "prevetable vs. nonpreventable" are rather ambiguous, and it is easy for a safety officer or a review board to play "Monday Morning Quarterback" in making determinations.

There is a considerable degree of irony in that trying to apply "cut and dried" methods of determining preventability ro a matter that is so clearly ambiguous does seem to unfairly weigh upon the big truck driver.

What I also find ironic is the fact that labeling an incident as "preventable" would not only weigh aganst the driver, but also reflect negatively upon the company as a whole.

If a professional driver is going to be deemed "guilty untill proven innocent", then the driver should also be entitled to some type of representative to serve as his/her advocate.

As the father of a 12 yr. old child, my wife and me are currently dealing with issues such as "Fault" vs. "Accountability".

A classic example occured just a few weeks ago when my daughter's cell phone was ruined after she slipped and fell into a mud puddle after a thunderstorm had pounded us.

Was the destruction of her cell phone her fault?? Not really, although there WERE steps she could have taken to avoid it. There was also the matter of teaching her that although the incident may not have been her fault, the fact remained that her cell phone was ruined, and that it would cost money to replace.

In any event, threads such as these, which cause us to stop and thing, and look at things from different points of view can help all of us to become better drivers, and better at other things that we do as well.

That speaks well for everyone who posted here.

[pacificjohn]

In any event, threads such as these, which cause us to stop and thing, and look at things from different points of view can help all of us to become better drivers, and better at other things that we do as well.

That speaks well for everyone who posted here.

HERE HERE!!! And yes...that was in all capitals for a reason! [/quote]

[cmegobye]

If the Titanic sank today, with the present definition of a P vs NP accident, a truck driver somewhere would at 'fault'.

[papafish]

heres a new twist...with a question.i had a rollover,and was charged with too fast for conditions.2 points and minimun fine.the facts are that i did rollover,but i was going less than 2 mph in sunny, dry ,clear condition.thank goodness for witnesses...the load,(steel racks in a reefer trailer) shifted on a curve at an exit ramp in rush hour traffic.the truck went over in slo motion.the racks actually burst thru the side of the trailer.they were not secured in any way,the bol was wrong in stating the actual weight of the load,and they were stacked higher than they should have been.why did i not check the load?we were not allowed to open the trailers for any reason...all are pre loaded and sealed...you open a door you get fired.....period..i was less than 300 yards from where i picked up the trailer and was on my way to axle out the load...it was not over gross...but the bill was still about 26,000lbs. short....i was injured on my left arm,workers comp. and all that good stuff........we were in the process of a bidding war to buy us out at the time......by the time i recovered,the court date had passed and the fine was lowered but not thrown out in spite of the fact that a company investigation found out all of the above problems had occured with the load thus causing me to roll over......i was cleared by my company,but the judge said it was preventable<though i dont know how).....i returned to work.....soon after,a large company i wont name for i might start a fight but we all know them,got the deal........we were all allowed to fill out apps.and bid for our jobs....so i did as i had been there 8 years......well,this new company refused my app. based on the fact that i had a rollover.period.....i have another job now...but my question is this.....with nearly 11 years driving with not so much as an overweight ticket,now i have this rollover with a fine on me,what will it take to get my self hired by a company that i might like better???how long does it take???

[greg3564]

Originally Posted by papafish

heres a new twist...with a question.i had a rollover,and was charged with too fast for conditions.2 points and minimun fine.the facts are that i did rollover,but i was going less than 2 mph in sunny, dry ,clear condition.thank goodness for witnesses...the load,(steel racks in a reefer trailer) shifted on a curve at an exit ramp in rush hour traffic.the truck went over in slo motion.the racks actually burst thru the side of the trailer.they were not secured in any way,the bol was wrong in stating the actual weight of the load,and they were stacked higher than they should have been.why did i not check the load?we were not allowed to open the trailers for any reason...all are pre loaded and sealed...you open a door you get fired.....period..i was less than 300 yards from where i picked up the trailer and was on my way to axle out the load...it was not over gross...but the bill was still about 26,000lbs. short....i was injured on my left arm,workers comp. and all that good stuff........we were in the process of a bidding war to buy us out at the time......by the time i recovered,the court date had passed and the fine was lowered but not thrown out in spite of the fact that a company investigation found out all of the above problems had occured with the load thus causing me to roll over......i was cleared by my company,but the judge said it was preventable<though i dont know how).....i returned to work.....soon after,a large company i wont name for i might start a fight but we all know them,got the deal........we were all allowed to fill out apps.and bid for our jobs....so i did as i had been there 8 years......well,this new company refused my app. based on the fact that i had a rollover.period.....i have another job now...but my question is this.....with nearly 11 years driving with not so much as an overweight ticket,now i have this rollover with a fine on me,what will it take to get my self hired by a company that i might like better???how long does it take???

You need an attorney. One that specializes in vehicle code.

[Raafi]

i am a pretty new driver, and after reading this thread, it boils down to you drive as safe as you can, but when your time is up, you are just plain screwed

it makes no sense that an innocent person has to hire a lawyer based upon erroneous information that a company or review board puts on his record

am i justifying bad driving? no

i am just saying that it seems that innocent people get the shaft and it would just be better to try to make money doing something else.

i like driving, my father and uncles were drivers, i was taught as a youngster how to drive, i waited until i was 48yrs old to start and am enjoying myself every day

but i do dread the day that something happens, and someone gets hurt, or high value damage, i cant see myself pursuing going to court when the deck is stacked so high against me.

there are a few depressing things you learn as a truck driver, this thread has to be up there

[mdgardner963]

Originally Posted by CannedSpam

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.

We as pros are responsable for everyone and correcting there dum mistakes by not hitting them even when they hit us..

Now more over to your question if it is not your fault and you had no way of correrting the 4 wheelers mistake or could have taken evasive action to stop the accident. Then there is recourse 1 driver review board is 1st step, second step is if you think the driver review board is not going to see it you way.. Is to hire an atty and sue the company (sometimes just the threat from an atty will make them change it.) take your chances in court. At the very least i would get an attys comments on it and see what options you have..

[Fredog]

Originally Posted by kreeper01

Looks like this pretty much sums it up.

still preventable, you should have been sitting somewhere else