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

Yeah.. it may have been but you can't accelerate a big truck like a vette... some loads you can't accelerate fast enough to avoid this type of thing

 

His original question did not ask about fault. He asked if his company can put on his record that the accident was a "major DOT preventable" when they DOT said it was non-preventable.

The answer is no. They cannot put on your DAC that it was DOT preventable if the DOT said it was non-preventable. Simple as that. But since HireRight does not verify facts, it's up to you to dispute it if there is incorrect information.

The discussions of who is at fault and what more could have been done are irrelevant to the original question. I wasn't talking about whether or not he was at fault or could have done something differently, I was merely answering his original question from a legal standpoint.

Now, I will weigh in with my opinion on the accident itself. I think he did exactly the same thing as a lot of drivers would have done. Personally, I don't really care what anyone has to say about it afterwards, I will ALWAYS choose the ditch or grass before I choose to hit another car. It is too easy to kill someone with a semi truck, and I will not EVER be responsible for someone's death because I didn't take the option that was not obstructed by a vehicle with a human life (or lives) in it.

Telephone poles, guardrails, the fenders on the truck, and other objects can be always replaced. Someone's mother, father, son, or daughter cannot. Take that as you will.

 

Be sure to keep that thing about your conscience made you cut your wheels to yourself though. If Ma and Pa hear that, they won't hire you either. Just tell them that you had an accident that was judged by your company as preventable. Telling someone that you cut your wheel because you didn't want to hurt the little four wheeler will make even the scumiest of slumlord small fleet owners snub their nose at you. Don't say anything about the lesser of two evils, or choosing between the ditch and a carload of babies. Keep it simple. You had an accident, company judged it preventable, not the lawman and you got canned. Tell them you need to work and you need a job.

 

Hey! Just sent you a pm with A LOT of very valuable info. Please check your inbox. Feel free to pm me if you have any question. Wish you all the best and best of luck.

 

The DOT doesn't care if the accident was preventable or not. All they care about is who was at fault. Your employer decides if the accident was preventable, not the DOT.

 

Horrible advice. You should NEVER put your life in danger because of the negligence of someone else. Never swerve or make an evasive maneuver in a 80,000 LB vehicle. That is the WORST thing you can do.

 

No, you've got it backwards I think.

The DOT never records who is at fault, only whether or not it was preventable. That's what the big argument in Congress is about right now - the DOT doesn't record fault, and Congress wants to know why. That crazy woman at the FMCSA keeps saying that who is at fault is not relevant, when we all know that it is the most important factor.

Actually, to be 100% accurate, fault is not recorded when it comes to CSA. I'm not sure if the actual local police departments record who is at fault, I'm sure they do. I know in Texas they do. But who is a fault is not recorded for CSA purposes.

However, the company may think that the accident is preventable, and they may even be right. But they're not a legal entity and don't have the authority to make that call. Only a certified accident investigator can determine fault and preventability.

 

I wouldn't ever swerve in such a way as to put additional people in danger, like swerving into oncoming lanes, but if a car cuts me off or is about to cause a collision, I'll swerve into any open space available to me. Regardless of who is actually at fault, I couldn't live with myself knowing that I killed someone when I had the power to prevent it, even if it increases the danger to myself.

 

Hey! One more thing forgot to "say", go to FMCSA website and request a copy of your PSP it will cost you $10.00 and that will show you how many violations you have and what is on your CSA. That PSP (pre-screening-Program) is what prospective employers use to check your CSA record. Here is the link http://www.psp.fmcsa.dot.gov/Pages/default.aspx

 

is it possible by you giving more room the 4wheeler went for it instead of braking