[Rev.Vassago]

Originally Posted by golfhobo

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.

The regs state that the motor carrier is required to obtain an annual MVR for the driver, and is required to obtain a report from the driver listing all accidents and moving violations. It also states that the motor carrier is required to use that report in determining if the driver should be qualified to drive for the motor carrier.

Now, given the "spirit" of the regulation that the FMCSA wants drivers to be open and honest with their motor carriers, and the motor carrier is required to weigh that honesty in determining if the driver will continue to be qualified to drive, it is a logical step that the more you attempt to hide the fact that you were involved in an accident, the more heavily they will weigh that fact.

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 must have missed where the OP stated that he didn't actually hit anything. You don't have to be convicted of anything to be involved in an accident. In fact, you don't even have to be charged with anything to be involved in an accident. And the FMCSA regs require all accidents to be reported, not just ones that have citations resulting in convictions attached.

[matcat]

Originally Posted by Rev.Vassago

The regs state that the motor carrier is required to obtain an annual MVR for the driver, and is required to obtain a report from the driver listing all accidents and moving violations. It also states that the motor carrier is required to use that report in determining if the driver should be qualified to drive for the motor carrier.

Now, given the "spirit" of the regulation that the FMCSA wants drivers to be open and honest with their motor carriers, and the motor carrier is required to weigh that honesty in determining if the driver will continue to be qualified to drive, it is a logical step that the more you attempt to hide the fact that you were involved in an accident, the more heavily they will weigh that fact.



I must have missed where the OP stated that he didn't actually hit anything. You don't have to be convicted of anything to be involved in an accident. In fact, you don't even have to be charged with anything to be involved in an accident. And the FMCSA regs require all accidents to be reported, not just ones that have citations resulting in convictions attached.

Actually you only have to tell them of reportable accidents. An accident on private property is not reportable as it cannot and will not ever go on your MVR.

[kc0iv]

golfhobo said:

"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."

One must assume golfhobo has never heard of hit and run.

matcat said:

"An accident on private property is not reportable as it cannot and will not ever go on your MVR."

There are many tickets written on private property, which includes accidents, by the police department. Most shopping centers have given law enforcement full power in this regards.

kc0iv

[01WS6]

:ranting:

Originally Posted by 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.

You are correct the officer witnessed nothing. There were no cameras in the parking lot, and the only thing that he found was a few pieces of plastic from the lense of my headlight that i heard fall out onto the street when I pulled out of the lot on my way to my work at my companies drop yard. He said since he found them in the street it was enough to believe her over me. I explained to him that the pieces fell out of my car leaving the lot and that she and I both left the scene willingly. Im getting a lawyer for this and since I didnt actually DO anything I really dont think im going to tell my carrier anything until my joke of a ticket for careless driving goes to court. For anyone who doesnt know whats going on a lady plowed into my parked car in a parking lot with the back of her mini-van, and after we exchanged insurance info she called the cops and said I rear ended her in the street in front of the place. :ranting:

[01WS6]

Okay heres an update on my situation: I have hired a lawyer to attempt to get the careless driving charges dismissed or atleast reduced to a lower offense. My lawyer suggested that I could even attempt to plea to "failure to report an accident" which is a misdemeanor but has ZERO points and isnt reported on my MVR either. What sucks about this whole situation was that I wasnt even involved in an accident, but the legal counsel that I was given suggested that there no way to get the accident off of my MVR and the best thing to do would be to just try and get the citation dismissed.

So here is what im looking at on my MVR as of today when I pulled it today at the DMV

1 non preventable deer collision in my personal vehicle (no ticket issued) from 5/2/09
(This happened 2 days before the driver hit me in the parking lot and blamed me)

2.preventable rear end collision on 5/04/09 zero injuries zero deaths, and im marked with the hazard code "V16" careless driving in my personal vehicle

If I can get the careless driving charge dropped to a non moving violation am I still considered eligible to be hired somewhere? Im currently driving for a major carrier with 18 months of accident free OTR with no accidents or incidents in company equipment.

[zipy46]

Originally Posted by 01WS6

Okay heres an update on my situation: I have hired a lawyer to attempt to get the careless driving charges dismissed or atleast reduced to a lower offense. My lawyer suggested that I could even attempt to plea to "failure to report an accident" which is a misdemeanor but has ZERO points and isnt reported on my MVR either. What sucks about this whole situation was that I wasnt even involved in an accident, but the legal counsel that I was given suggested that there no way to get the accident off of my MVR and the best thing to do would be to just try and get the citation dismissed.

So here is what im looking at on my MVR as of today when I pulled it today at the DMV

1 non preventable deer collision in my personal vehicle (no ticket issued) from 5/2/09
(This happened 2 days before the driver hit me in the parking lot and blamed me)

2.preventable rear end collision on 5/04/09 zero injuries zero deaths, and im marked with the hazard code "V16" careless driving in my personal vehicle

If I can get the careless driving charge dropped to a non moving violation am I still considered eligible to be hired somewhere? Im currently driving for a major carrier with 18 months of accident free OTR with no accidents or incidents in company equipment.

Why do you want to leave the major carrier you are currently driving for ?

[01WS6]

Originally Posted by zipy46

Why do you want to leave the major carrier you are currently driving for ?

Well I really dont but im not sure if they are going to continue to employ me after I tell them about the deer collision and the minor rear end collision that didnt even really happen. I havent told them about them because the careless driving charge is going to court to see if i can get it dropped or atleast lowered to a lesser charge thats not a major viloation. My thinking is that I would be better off putting in my 2 weeks notice to my carrier and leaving on good terms with a good DAC and trying a new company, because if im terminated for the accidents not only would i have less then perfect MVR but a bad DAC report as well. Maybe my thinking is wrong, im not sure. But both accidents happenned in my personal vehicle.

[matcat]

I highly doubt the deer collision will have any effect, it happens. It is usually safer to just hit it then to try to avoid it. Also I don't see how that accident got on your MVR so quickly considering that until it goes to court you are innocent until proven guilty. Case in point the speeding ticket I got in Connecticut the other day, it cannot go on my record until I either pay it (Which is considered a no contest plea), or I go to court with it and get convicted for it. Obviously I am hiring a lawyer myself on it, because I am sure as hell not letting that get on my license, but the point is it cannot even go on a license record until you are convicted, which you are not until either you pay it or go to court and get convicted.

[01WS6]

Originally Posted by matcat

I highly doubt the deer collision will have any effect, it happens. It is usually safer to just hit it then to try to avoid it. Also I don't see how that accident got on your MVR so quickly considering that until it goes to court you are innocent until proven guilty. Case in point the speeding ticket I got in Connecticut the other day, it cannot go on my record until I either pay it (Which is considered a no contest plea), or I go to court with it and get convicted for it. Obviously I am hiring a lawyer myself on it, because I am sure as hell not letting that get on my license, but the point is it cannot even go on a license record until you are convicted, which you are not until either you pay it or go to court and get convicted.

Yeah in Michigan whether you fight a ticket from an accident or not the accident report gets put on your MVR. And my lawyer says there is no way it can be removed now either so im pretty much screwed when it comes to that. The only thing I can do now is hope my laywer gets the ticket dismissed or lowered.
Im so pissed right now...........

[Orangetxguy]

Originally Posted by 01WS6

Yeah in Michigan whether you fight a ticket from an accident or not the accident report gets put on your MVR. And my lawyer says there is no way it can be removed now either so im pretty much screwed when it comes to that. The only thing I can do now is hope my laywer gets the ticket dismissed or lowered.
Im so pissed right now...........

I'm wondering something.

Have you learned a lesson here, as regards any type of accident? Does this situation help you to understand the importance of not moving your vehicle until a law enforcement officer has come to the scene and investigated?

As a "Truck Driver" you are a target.