Had a wreck, needing advice on what to do now.

Discussion in 'Experienced Truckers' Advice' started by vety15, Aug 3, 2013.

  1. MNdriver

    MNdriver Road Train Member

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    I know exactly what you are talking about.

    If a 3000 lb car can "bump" an 80,000 lb truck and push you less than 6" to cause you to hit soft dirt, then you are entirely too close to the edge of pavement.

    Your own statement, "As soon as I started inching over to the right side shoulder (the opposite shoulder of him) the four wheeler looked to his left and paniced realizing he couldnt merge,"

    You should have NEVER inched over. You took away your own safety zone.

    You knew he was going to hit you, simply apply the brakes and ride straight. Not only did he hit you, but you ditched the truck as a result of you getting too close to the edge.

    IF you came to me applying for a job:

    OK, you knew he was going to hit you. Good observation. Scrape some paint, $600 paint job. Eh, I can deal with it.

    OK, you started to slow down. Appropriate action.

    Ditch the truck because you put it too close to the shoulder....$15,000 damage plus tow bill. bad judgment, sorry, no job....


    And for the record, I have been forced with that same situation as well as a car crossing into my lane on a 2-lane road head on. I am not talking eh, over the yellow line. I am talking TOTALLY in my lane.

    I feel sorry that I may kill someone, but I did not squarely drive into another lane. You could have rolled your truck in ground that soft. YOU could have killed yourself as a result of it as well.

    Don't accept responsibility for someone elses stupid action.
     
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  3. vety15

    vety15 Bobtail Member

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    Would you overlook the mutli million dollar lawsuit someone would slap your company with if I maintained the lane and pounded the car into 4 lanes of traffic causing casualties? A lawyer is going to find a way to say "well you had a perfectly good shoulder right there to use, why didnt you use it, thats why its called an emergency shoulder"
     
  4. MNdriver

    MNdriver Road Train Member

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    It would be a bottom feeder ambulance chaser that looked at it that way.

    Courts also will be there to protect you from frivolous law suits.

    The video you claim was reviewed would have proven without a doubt the cause of the accident. Whether you could or could not have read the license plate.


    ETA:


    It's another way of looking at it. We all want to think that we did the right thing. But the reality is, you got fired because it's likely this is the way someone with the authority to fire you looked at it.
     
  5. GasHauler

    GasHauler Master FMCSA Interpreter

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    I have to agree. Not much you can do with the firing unless you spend a lot of money and then there's guarantees. However, I would like to stress this point made by MNdriver because I feel it's very important and directly involves me.

    I was involved in a two fatality accident back in 1992 on US 95 right after Searchlight NV going to Bullhead City AZ. The road is a wide two lane road and very straight. I came over the slight hill from Searchlight and was the only one out there for a minute or two. Then this van came up on my rear very fast at the same time a small pickup was coming at us heading north. The van for reasons unknown decided to pass me right at the same time the pickup was coming near us. The pickup went onto the shoulder and I moved over just a tad but there was enough room for all of us to get by. The pickups right front tire then dropped off the shoulder onto dirt. Still I told myself if everyone stays where they are we will all be fine. The driver of the pickup panicked and turn his wheels to the left. The pickup skidded for a few feet then caught the pavement shooting the pickup straight in front of the van right next to my fully loaded gasoline trailer. The pickup hit the van head on and the van flew up in the air with his right front tire rim shaving my tank as it came down. The van landed on is passenger side and the pickup spun around and burst into flames. Both the driver in the van and pickup were killed instantly. I won't go into anymore details but only to explain why the shoulder plays a huge factor here. Obviously the shoulder caused the pickup to fly right into the van but I only moved over about 3 feet onto the shoulder and here's why. I was loaded up to 80,000lbs pounds gross. I did not know what was under the shoulder. We all know that the road surface can take speed but your never know if a desert storm washed under the shoulder. So you're never sure that the should can take highway speeds. If that shoulder had any weak spots I would have rolled for sure then anything could have happened. I was not charged for any items including the truck inspection done by the NV Highway Patrol. If I would have gone onto the shoulder completely it's hard to say the outcome would have changed. But if I did go onto the shoulder and rolled or any other loss of control I would have been charged. My trailer was damaged but did not rupture. Never go onto the should at highway speeds with a truck.
     
  6. WorldofTransportation

    WorldofTransportation Heavy Load Member

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    You are right.... and wrong.. If he let the car hit him he still would have had a preventable on his record... Preventable and at fault are 2 different beast..
     
  7. vety15

    vety15 Bobtail Member

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    Fair enough. But at any rate, the real intention of the thread was to get advice on what I can do now. Keep in mind the officer chose to not cite me, even with damage to a light pole that was off the side of the road, and 2 different offices looking at it from an unemployment stand point labeled it unjust fire. The only people in all of this who view it non preventable is the company. With that said, what would show up and what wouldnt. If i choose to apply somewhere an just flat out dont put them down as a reference or ex employer will that info be seen? Its not on my MVR, and I am not sure how it applies to CSA without a citation. These are the real questions I have, regardless if you think the company was wrong or right in the firing.
     
  8. Blind Driver

    Blind Driver Road Train Member

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    You could have been this guy...

    http://www.wptv.com/dpp/news/local_...mi-crash-off-i-74-in-greensburg-indiana-video

    Let the car hit you next time.

    You could contact a lawyer and sue for deformation of character since they fired you on safety which affects your ability to be employed. You're still going to need to find another job.
     
  9. vety15

    vety15 Bobtail Member

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    And thats how I view it too. Its a lose lose for me, either way I am nearly 100% sure the company would have released me on the same grounds. The only difference in the two is one only roughed up the truck, the other would have caused A LOT of damage and unknown injuries, were talking a heavy rush hour traffic interstate nearly bumper to bumper at highway speeds. Sure I was down to about 25 mph at the time, but the car certainly wasnt nor was the interstate traffic he was getting ready to bulldoze into.
     
  10. vety15

    vety15 Bobtail Member

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  11. MNdriver

    MNdriver Road Train Member

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    You wanted to know what you can do?

    Pray someone else looks at your accident in a favorable light.

    you got fired because someone saw it as a preventable accident. Someone with the power to fire you. So someone with the power to hire you would have to see it in a different way.

    Safety directors and insurance actuaries pretty much see things the same way.

    You will have a tough hill to climb with this one.
     
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