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  1. #1
    Light Load Member
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    how to dispute a preventable accident

    got a letter saying i had a preventable accident that went on my dac report[scraped a pole] i got out and looked and didnt see any damage at custemer.anyway left that company and got a letter about the incident.the pole looked like its been scraped many times before.the custemer is stateing i took out the pole.i didnt think it was a big deal.now it looks like my word against the carriers word.is there a cource of action i can take?talked with another carrier [well known] and they said i cant get hired becouse of this report.

  2. #2
    Road Train Member STexan's Avatar
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    Are you saying you left (quit) the carrier shortly after this incident? Unless you photographed the pole at the time in a reasonably "upright position", I don't see you have much recourse. Something occurred that caused you to "get out and look", and at this point it is your word against the property owner and the carrier who submitted the DAC. Is it possible the DAC was filed because the carrier was upset because you might have appeared to be "fleeing the scene of the crime" instead of owning up to the incident and dealing with the fallout and/or the damage was more than you choose to admit? Appearances are important, for better or for worse.

    There are ways to contest a DAC report but others will have to chime in on that because I don't know the particulars.

  3. #3
    Crusty Ancient Kittyfoot's Avatar
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    Ok, we're missing alot here.

    1. Define "scraped a pole". You talking a metal pole, cement pole, wooden pole (telephone pole), what?

    2, Customer says "took out the pole". That usually means snapped it, broke it off, bent it (metal) broke the surface up (cement). Did you check to see if there was a wire hookup pulled off (telephone pole)?

    3. What did you "scrape it" with? Flatbed trailer, van, tank, the truck? Was there damage visible to the unit?

    4. Did you report it to the company? If no... there's your problem. It is a "preventable accident" and all such must be reported. Folks, if you don't report it to the company they don't have a legal leg to stand on if a customer presents a big bill. Darn right you'll get written up.

    Don't ever shrug stuff like this off. If it's on customer's property, tell the customer, get him to look at it. If he says"it's nothing" jot something down on the BOL or somewhere ( scraped customer's pole, customer says no damage) and get him to sign it. Immediately report to your people and tell them you've got a sign-off. Cover your butt at all times.

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  5. #4
    Road Train Member Pmracing's Avatar
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    Kittyfoot is correct. In the last year one of our drivers was fired for not reporting an accident. Accidents are anything from a paint scrape to a cracked plastic bumper to utility poles knocked over.

    Mikeeee

  6. #5
    Trucker Forum STAFF Allow Me.'s Avatar
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    Vehicle to vehicle...accident. Vehicle to object....incident. Sounds like a lot of trucks "scrape" this pole, kinda like the trucks that run over the boulders on the way out of your local Flying hook driveway. Probably the truck after you knocked it down, but management didn't see that, just you sitting in the street doing your paperwork and BAMM, you get blamed.

  7. #6
    Light Load Member
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    it was probably a peice of 2 inch galvinized pipe with a cap on it,like you see on a fench.probably 5 to 6 ft tall.didnt think much of it.i was not the straightest of poles that for sure.ironicly i was out in the street doing paperwork.not sure if i can contact the carrier and see if theres anything i can do.i left for safety reasons that i wont get into.

  8. #7
    Master FMCSA Interpreter GasHauler's Avatar
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    Doesn't matter what condition the pole was in or how much damage was done by other trucks. Someone from that company saw you drive away and they know they now have a company that can buy them a new pole. You're screwed.

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  10. #8
    Light Load Member
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    Do a lot of research and find out how many driver's insurance has paid for that pole. My father took out a telephone pole ( put a scar on the pole, no breaks or cracks) He did the research and their had been 37 reported accident that paid for the pole and telephone company could not provide evidence that the pole had ever been replaced.

  11. #9
    Medium Load Member Female Driver's Avatar
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    I'm so sorry, John.

  12. #10
    Road Train Member chompi's Avatar
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    There are many way to dispute these claims. Most shipper/receivers have camera's and such and you can also document the no damage or how the incident took place as to how it co-insides with the area of the truck etc... Also if there were any witnesses. Just have to do some investigative home work and you should be able to somewhat clear yourself.

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