Fighting a preventable with Swift.

Discussion in 'Swift' started by WF8MAF, Jan 1, 2014.

  1. WF8MAF

    WF8MAF Light Load Member

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    Last week I was involved in a crash where a car merging onto the highway hit the last tire of trailer on the passenger side. As I approached the on ramp I looked and it was clear ( Ramp is short and steep), I then looked in my left mirror to make sure my trailer was clear on the left as there is a slight left curve as well. When I looked back there was a car bouncing off my trailer. Other driver was cited for improper lane change, failure to yield, and failure to avoid an accident. My contributing factor was listed as none. half the people tell me it will be unpreventable, the other half, including my DM, said odds are it will be preventable. The question I have is if they do ding me with a preventable is there a way to fight it and if so what are my chances. I didnt even see the guy, but even if I did I couldn't have changed lanes as there was a car beside me, if I hit the breaks he would have just hit farther up the trailer or even the tractor. I was going 62 in 70 MPH Zone so speeding up wasn't an option.

    Thoughts??

    Mark
     
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  3. markealy

    markealy Road Train Member

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    Dear mark your not at fault don't take it lying down get every fact of accident start building your case also don't listen to your DM he don't have a clue get with safety claims follow up with police report stay on top of everything worse case sinereo is youstart sueing. Swift
     
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  4. Jorihe84

    Jorihe84 Road Train Member

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    Cant see how anyone can consider that preventable. Internally swift can list it as whatever they want. Keep any document regarding it so once you move on from swift you can fight any DAC issues.
     
  5. 8thnote

    8thnote Road Train Member

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    While you were not legally at fault, odds are that Swift will still consider it to be a preventable accident. Most trucking companies only consider three types of accidents to be "non-preventable". Those are road kill, road debris, and hit while parked. They will always say that there was something that you could have done differently to prevent the accident, even though we, as drivers, know that is not always true. It's not fair, but it is just the way the world works. I do not now, nor have I ever worked for swift, so I could be totally wrong about this. Good luck.
     
  6. markealy

    markealy Road Train Member

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    I would love to be told its my fault but company and the law say it wasn't my fault and ding mi on my DAC and prevent from another job cha cha ching sue sue sue trucking companies have to learn the hard way
     
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  7. RiskyBusiness

    RiskyBusiness Light Load Member

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    You can always dispute anything put onto your DAC by a company...including a preventable accident. Make sure you have all your facts straight with supporting documentation. 8thnote is right though they will always say there was something you could have done when we all know thats BS. Don't be passive about it with swift, hell join OOIDA and get them involved they love fighting for the truckers rights.
     
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  8. A21CAV

    A21CAV Road Train Member

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    They will call it a preventable as a matter of policy. It will be based on your statement that you were looking away, left, from a potential hazard: an on ramp with restricted visibility on your right. It won't matter that there was nothing you could do; a remf safety puke will say you could have slowed down, let the left side clear and changed lanes before you got to the ramp.

    Remember its always the driver's fault. Always.

    You might remind them repeatedly that calling it preventable is the same as admitting fault and the other driver's lawyer will be happy as can be.

    Yes, I'm a Swift driver.
     
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  9. WF8MAF

    WF8MAF Light Load Member

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    I thought about doing that, have you ever heard of it working? I wouldn't say anything other then exactly what safety tells me regarding my fault.

    The biggest concern I have is back in March two weeks after going solo I backed into another truck in a Dock in NJ. very tight dock with a Very inexperienced driver, So this would be my second preventable. I have also heard swift loves racking up preventables on the new drivers so they cant leave. I just want to prepare myself for a fight if need be.

    Thanks for all the replies.
     
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  10. Moosetek13

    Moosetek13 Road Train Member

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    Well, let us know how this turns out.

    This was not preventable from what you have said, and I'd like to know how Swift handles this one.
     
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  11. WorldofTransportation

    WorldofTransportation Heavy Load Member

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    My thoughts are this.. You are about to get screwed... They will say you could have slowed down sped up.. Moved to the left.. This is not your fault but it will be considered preventable... All accidents by definition are preventable... and these companies don't care about you me or anything.... I got in an argument at a safety meeting about 10 years ago over this, with a safety manager.. They brought some guy in gave us this long spill.. drive in the middle lane blah blah blah.... Then they went and said always leave yourself and out.. which is great advice.. but we then got into this discussion over preventable/ non preventable.. From his mouth to my hears he said

    " Every tractor trailer accident is preventable, when I was at Halliburton we had a gentleman and 5 other drivers go 5 miles out of route to a truck stop to park for the night. While they were eating in the café attached to the parking area a drunk hit this mans assigned trailer in the area of the tandems. Did you know we had a safety review on this accident and everyone including his driver rep said it was preventable. IF THEY HAD NOT TAKEN THAT FIVE MILE DETOUR AND FOUND ANOTHER PLACE TO TAKE THEIR BREAK THIS WOULD NOT HAVE HAPPENED"

    That is a true story.. my jaw hit the floor... This is when I really started to believe we are a persecuted class..

    and remember haliburton for the most part uses day cabs... They were staying in the motel down the road from the truckstop...
     
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