Originally Posted by golfhobo (Post 449747)

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

Originally Posted by Twilight Flyer (Post 453501)

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:

Originally Posted by Windwalker (Post 457866)

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.

Originally Posted by golfhobo (Post 457876)

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.