Fired
#11
Member
Join Date: Feb 2007
Location: San Jose, CA
Posts: 62
Hi There Miss Evil, you might grab a copy of the states motor vehicle code book and read over the section that has to do with intersections. You will want to read everthing that has to do with "control of the intersection' Read very closely about the information that has do with when you need to yield to the other vehicle if they have taken "control of the intersection" In other words if your trailer was hit in the rear close to your rear tires your position would be that your truck was in control of the intersection and the other vehicle was obligated to yield. Another factor would be to measure the skids marks left by the pickup. There is a formula that sez so much so much skid = so much speed and if he was speeding and unattentive to road conditions you may not be held at fault legally. Now if you have an argument with Werner I don't have a clue, but I won several small claims court actions based on the above position. One just isn't allowed to run into everthing in front of you. Bill-happy reading
#12
Originally Posted by yellowcabbill
Hi There Miss Evil, you might grab a copy of the states motor vehicle code book and read over the section that has to do with intersections. You will want to read everthing that has to do with "control of the intersection' Read very closely about the information that has do with when you need to yield to the other vehicle if they have taken "control of the intersection" In other words if your trailer was hit in the rear close to your rear tires your position would be that your truck was in control of the intersection and the other vehicle was obligated to yield. Another factor would be to measure the skids marks left by the pickup. There is a formula that sez so much so much skid = so much speed and if he was speeding and unattentive to road conditions you may not be held at fault legally. Now if you have an argument with Werner I don't have a clue, but I won several small claims court actions based on the above position. One just isn't allowed to run into everthing in front of you. Bill-happy reading
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#13
Member
Join Date: May 2007
Location: Alberta Canada
Posts: 85
I agree with yellowcab bill he seems to have the handle on ti that it may not be your fault based on your position in the intersection, the other drivers speed and use of due care and attention. As far as your employer goes it sounds like you may have a case for 'constructive dismissal' a delay in terminating you so they can get more work out of you is an unfair labor practice and terminating you before fault has been assessed (it didn't sound like the insurance adjuster was at the scene or that any court had laid fault) was a preclusionary jump on their part - convicting you before you were convicted legally as you have rights to challenge tickets. Questions come to mind were you their only female driver? Were you their first female driver? How many of their male drivers had similar accidents and were teminated for it?(I suspect they have male drivers who have had accidents but weren't terminated). Did you at any time admit blame? Was the other driver intoxicated or on the road for too many hours? There are so many questions but a good lawyer will get them answered. As far as getting another job i am in canada and we operate on a demerit system here so very few drivers have clean records(I doubt that American drivers are any better) and unless you have alot of demerits employers will hire you. Yes it is true that with your lack of actual road time post licencing it may be difficult to find other employment, but you need to look at it this way - your a new driver to begin with and would have a harder time finding employment for that reason than in actually having road time and an accident that could happen to anyone at any time. Any road time counts in your favor and for some employers having a history of 1 accident may actually show that you are human but by keeping with the career choice shows dedication and an ability to get back on the horse and not let things get in your way. Accidents happen that is life on the road get back on that horse learn from what happened don't let what happened be the end all for your choosen life.
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