I'm screwed
#41
06-17-2009, 04:24 PM
Hey! Twilight! Good to hear from you again! REALLY! Wish you would join in more often.
But, I have to echo the O.P.'s questions:
Is the fact that this all happenned in my personal vehicle and not a company vehicle going to help me at all? I know that any accident in a company vehicle needs to be reported asap but my companies employee handbook states nothing about an accident in a personal vehicle. Or is it a DOT regulation that ANY accident in ANY type of vehicle needs to be reported to the carrier?
OBVIOUSLY, one would have to report an accident in a company truck (or even a leased on one,) but can you be more specific or informative about an accident in your POV? Sure, once a year we have to fill out a form with ALL accidents and ALL tickets. But, is there any reg that says you have to report an accident in your POV immediately? And if not.... do companies really hold this "TRUST" issue against you for following their policies of "reporting" once a year? Furthermore, I assume you agree that one doesn't have to report even a traffic violation UNTIL he is convicted. If so, please specify (although I believe you have already made it clear.) Good info about the accident report and any fault assigned... as well as a statement refuting the account IF the accompanying charges are DISMISSED. And a BONUS question.... HOW much weight do companies (or their insurance companies) actually PLACE of POV accidents compared to CMV accidents? Is it just "driving is driving?" Or do they make dispensation? (NOT considering the possible traffic charges.) Hope all is well with you and your "large" family! :lol2: Just kidding ya! Heck... can you even FIT in that BATSUIT anymore?? :rofl:
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Remember... friends are few and far between. TRUCKIN' AIN'T FOR WUSSES!!! "I am willing to admit that I was wrong." The Rev.
#42
06-18-2009, 01:28 AM
Your information has been very helpfull, but I have a few questions: Is the fact that this all happenned in my personal vehicle and not a company vehicle going to help me at all? I know that any accident in a company vehicle needs to be reported asap but my companies employee handbook states nothing about an accident in a personal vehicle. Or is it a DOT regulation that ANY accident in ANY type of vehicle needs to be reported to the carrier?
As far as when reviewing a driver for hire, most (if not all) companies are going to review all accidents, whether in a POV or CMV. So it stands to reason that even an accident in a POV should be reported to your safety director.
Hey! Twilight! Good to hear from you again! REALLY! Wish you would join in more often.
I can find NO FMCSA reg that even refers to reporting an accident in a POV, though I DO see the one concerning traffic violations in ANY type of vehicle within a certain time.
OBVIOUSLY, one would have to report an accident in a company truck (or even a leased on one,) but can you be more specific or informative about an accident in your POV?
Sure, once a year we have to fill out a form with ALL accidents and ALL tickets. But, is there any reg that says you have to report an accident in your POV immediately? And if not.... do companies really hold this "TRUST" issue against you for following their policies of "reporting" once a year?
The answer to the second part is an absolute “yes”, particularly in such a volatile time of the industry. Drivers are getting laid off by the thousands all over the country or are losing their jobs for the most minor of policy infringements. If a company is on the lookout for anything to get rid of someone, they’ll be all over something like this. I’ve always harped on drivers about “full disclosure” from filling out applications to dealing with their FM’s and safety directors. Today, that admonition is stronger than ever.
Furthermore, I assume you agree that one doesn't have to report even a traffic violation UNTIL he is convicted. If so, please specify (although I believe you have already made it clear.)
And a BONUS question.... HOW much weight do companies (or their insurance companies) actually PLACE of POV accidents compared to CMV accidents? Is it just "driving is driving?" Or do they make dispensation? (NOT considering the possible traffic charges.)
Hope all is well with you and your "large" family!
Just kidding ya! Heck... can you even FIT in that BATSUIT anymore??
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#44
07-24-2009, 07:47 AM
Well heres an update on the situation: I managed to get the careless driving charge dismissed! There will be no mention of anything on my driving record about the charge other then the accident report reference number. Im hoping that this combined with the fact that when I called my carrier to report the accidents I was told that I didnt have to report an accident in my personal vehicle will mean that I might be able to keep my job the next time my company pulls my MVR. I hope I can just put this nightmare behind me and keep on trucking.
#45
07-25-2009, 06:43 PM
01WS6 said:
Well heres an update on the situation: I managed to get the careless driving charge dismissed! There will be no mention of anything on my driving record about the charge other then the accident report reference number.
Im hoping that this combined with the fact that when I called my carrier to report the accidents I was told that I didnt have to report an accident in my personal vehicle will mean that I might be able to keep my job the next time my company pulls my MVR.
Now.... ABOUT that "next time" your company pulls your MVR (annually.).... 1) As Twilight so clearly and intelligently explained.... you need a copy of the "report" for yourself, and you need to compose a "rebuttal" if it shows ANY fault on your part. These TWO documents should be available in copies for you to send to any and all future carriers you apply to.... but, MAYBE only after asking the Safety Director if he'd like to SEE them. 2) Get AHEAD of them! I mean.... give a few months (if you HAVE them) to let the beuracracy catch up, and then go pull another MVR for yourself! See exactly what it says BEFORE your company pulls it next year (or whenever.) Easier to go in and tell them it hasn't been resolved the way you were told it would be, than to find out from THEM! 3) Follow up with your lawyer! You PAID him good money... so ASK him for a letter or form or something for your file. Even offer to pay a few extra bucks (if needed) for his Paralegal to prepare something for you. You had some serious charges dismissed! I would want something from the lawyer explaining whether he was satisfied that they were dismissed "without prejudice" or "with." SOME "legal terms" to express whether ANY fault was determined, or whether NO FAULT was assigned or recognized by the court. 4) When ASKED to list accidents, check to see if the form specifies CMV, POV or ALL. If you must list them.... I'd list them exactly as they happened. Two days apart, you were HIT by a DEER... AND a lousy driver in a parking lot! There's usually a place for comments. You could say something funny like.... "it was a bad week in my POV!" OR... you could do like I do and simply say.... "official documents available UPON request." Probably the BEST thing would be: "No Fault Parking Lot Incident." 5) If it's a mega you're applying to, I'd say INCLUDED and include ALL the documentation described above. (OR say "No fault parking lot incident.)
I hope I can just put this nightmare behind me and keep on trucking.
As it stands right now.... you have NO "conviction" of anything to report within 30 days. You didn't HAVE an accident in your CMV that must be reported within 24 hours. Your company policy apparently doesn't REQUIRE notification of accidents in your POV. And you have "kept the trust" with your employer by telling him about it BEFORE he finds out. Personally... I would have WAITED until "I" knew the outcome before mentioning it. I "believe" you will have NO problem remaining employed by your current company. And, I believe you should have little or no problem in the future as long as you maintain documentation AND your "innocence." Good luck and keep us informed.
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Remember... friends are few and far between. TRUCKIN' AIN'T FOR WUSSES!!! "I am willing to admit that I was wrong." The Rev.
#46
07-25-2009, 07:01 PM
In ALL my years here on CAD.... THIS is one of the best threads I've ever seen. MOSTLY.... because the O.P. came back time and again to keep us posted!
Too many times we try to help someone... NEVER to know if we did! I ALSO want to thank Twilight Flyer for his EXCELLENT and informative input! Also, many OTHERS who contributed insights into the "company policies" that are out there. Often, these policies go beyond (if not completely contradict) FMCSA regulations. Point is.... you should ALWAYS know your company policies AND know if they conform to the REGS. Considering how IMPORTANT it is to all drivers to know how these things affect their careers....and in anticipation of MORE testimonials and further results in the case at hand... I'd like to request that this thread (absent THIS post) be made a "sticky." I'm SURE someone could CHANGE the title to be more "descriptive." But, I have no doubt that it would serve a purpose for all new drivers who visit this site. Hobo
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Remember... friends are few and far between. TRUCKIN' AIN'T FOR WUSSES!!! "I am willing to admit that I was wrong." The Rev.
#47
08-02-2009, 06:14 AM
Unfortunately, the majority of "court appointed attorneys" are severely over-estimated. In order to have any real beneficial effect in a courtroom, you have to teach them to do their job. From what I've seen, they know less than the people they represent.
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#48
08-02-2009, 07:11 AM
Chances are, it won’t help you whether it was in a personal vehicle as opposed to a company vehicle. You can play the “I really didn’t know” card, but I suppose it’s going to come down to the disposition of your safety director. Personally, I would have taken a moment to give him the report, tell him “this is what really happened and what I’m doing” and left it at that. I doubt very much that you would have heard anything more about it because the fact that you were up front about it would have raised no red flags. However, should they pull the MVR and see those accidents, then you’ll face some very tough questions.
As far as when reviewing a driver for hire, most (if not all) companies are going to review all accidents, whether in a POV or CMV. So it stands to reason that even an accident in a POV should be reported to your safety director. There are times when I’d like to and there are more than a few topics where I’d like to stick my head in, but having the time to do that just ain’t what it used to be. Just because it isn’t an FMCSA regulation, does not mean it’s not a company policy and none of my comments revolved around the actual regs – they were tied into what a company may or may not consider to be a policy violation. Put it this way – as a safety director, would you fire a guy for hitting a deer or cracking someone’s tail light in a Wal Mart parking lot with a POV? No. But would you fire a guy for drag racing in a POV and causing an accident that left someone maimed or dead? Sure would. So where do you draw the line on reporting it? Most companies are going to have well-defined policies in place requiring the driver to report all accidents and moving violations, including those that happen in a POV. Failure to do so is going to be a clear violation of that company policy. I hope I answered that in the previous paragraph. The answer to the first part is that I am not aware of any regulation that says you have to report a POV accident to your employer immediately – but then again, I wasn’t addressing the actual regulations. The answer to the second part is an absolute “yes”, particularly in such a volatile time of the industry. Drivers are getting laid off by the thousands all over the country or are losing their jobs for the most minor of policy infringements. If a company is on the lookout for anything to get rid of someone, they’ll be all over something like this. I’ve always harped on drivers about “full disclosure” from filling out applications to dealing with their FM’s and safety directors. Today, that admonition is stronger than ever. Moving violations are a bit different animal. Regulations state that a driver must notify his company of any moving violation conviction (other than parking tickets), within 30 days…of the actual conviction. Companies will have different policies regarding how those moving violations will relate to continued employment. Accidents, on the other hand, are looked at much more closely. For the most part, they are going to be looked at the same…”driving is driving.” There may be some companies that place less emphasis on a POV accident as opposed to a CMV, but those companies would be in the minority and not include any of the major or even semi-major companies. It all comes down to the potential losses due to litigation. Companies, especially today, are more aware than ever about what is at stake while doing business. Having all the t’s crossed and i’s dotted is imperative. So that trust issue is going to be huge. Violate that policy or the spirit of it and you’re probably going to be looking for a new job. All is well…I’m so busy with things now I don’t know whether I’m coming or going. From football to dance to band to choir to soccer to track to driving to dating…it never ends. It was so much easier back when the kids were in bed by 8:00. :zzz: *sigh* I’ll have you know I still look smashing in my tights. :moon:
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#49
08-02-2009, 09:21 AM
As for "court appointed" attorneys, that is somewhat different. Many well established and successful attorneys do a certain amount of Pro Bono work and are often 'appointed' by the court for certain cases. So, by the luck of the draw a defendant can actually get a very successful attorney as a "court appointed" attorney. As for actual Public defenders.... I doubt that many are actually over-estimated. If anything, they are under-estimated. MOST of us wouldn't really expect MUCH from them. But, everyone has to start somewhere! A recent law grad with MONEY behind him might start his own practice without going the Public route, but that doesn't make him any better. So, just to clarify.... most Public Defenders are "court appointed," but not ALL "court appointed" attorneys are inexperienced Public Defenders.  FYI.... if anyone here ever has a particularly 'nasty' case that requires a good attorney, but can't afford one, it is worth the effort to contact several GOOD attorneys and ask them if they do any Pro Bono work. If they do (and don't advertise it,) they can actually GET the court to 'appoint' them to your case if you convince them to do so. Many do so on a voluntary basis while others are "instructed" to do a certain amount by the courts as a sanction for certain "misbehaviour" of their own.
__________________
Remember... friends are few and far between. TRUCKIN' AIN'T FOR WUSSES!!! "I am willing to admit that I was wrong." The Rev.
#50
08-02-2009, 03:37 PM
FYI.... if anyone here ever has a particularly 'nasty' case that requires a good attorney, but can't afford one, it is worth the effort to contact several GOOD attorneys and ask them if they do any Pro Bono work. If they do (and don't advertise it,) they can actually GET the court to 'appoint' them to your case if you convince them to do so.
__________________
( R E T I R E D , and glad of it)
YES ! ! ! There is life after trucking. a GOOD life |
