I would say a single vehicle wreck, with a driver with no license that the company didn't even report it to insurance.
Help, rolled a truck, will it stop me from driving?
Discussion in 'Questions From New Drivers' started by Haw123, Aug 24, 2017.
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I personally know several dump drivers who have had rollovers. In most cases (but not all), the rollovers occurred while dumping. Just too many variables to keep perfect every single time. -
Howdy Haw123, Welcome to The Truckers' Report.
What's up?
I hope you're ok.
Were you interested in pursuing a career in the Big truck truckin' industry prior to flipping the dump truck? Or did that opportunity come up after the incident occurred? Did you suggest that the company send you to CDL school before or after the accident?
Were you aware at the time that it is not legal for you to operate the dump truck without a valid CDL?
Whatever job you were first assigned to do paid a certain amount.
Driving the dump truck would also pay the driver a certain amount and/or be set up to earn a higher pay through a driver's performance.
I'm wondering if the company planned to pay you the lower scale while you provide them with your time and labor at a very discounted rate. That's against the rules for an employer to do.
More on that later, HAW123.
Keep it in mind.
In the court's eyes, you are doing the right thing, --- complying with laws the courts enforce.
That, mi amigo, pleases the court.
Not everybody is aware that a CDL is required to operate certain vehicles, like dump trucks. It's very believable that a person says they weren't aware. That would be considered an understandable mistake. We're humans, as such we all make mistakes, --- and hopefully we learn from them.
That's what you're doing now, sponsored by your employer.
Hmmmmmm -----
Why would an employer be willing to pay to send an employee to school to obtain an education qualifying said employee to legally operate equipment while said employee/student is already operating unfamiliar, potentially dangerous equipment illegally without the proper license and training?
Sorta puttin' the cart before the horse.
An employer has responsibilities for employees as well --- to know who and what their qualifications are and aren't,before assigning them jobs to do.
It's reasonable to expect an employer or representative there for, to know who's who and what's what.
There's a good possibility your employer has some serious explaining to do as to how this could happen in the first place. O.S.H.A. will not be happy with the answers. Stiff fines are quite possible when OSHA isn't happy. That your employer is footing the tuition for you might put OSHA in a better mood, as it will, at least, look good to them.
Now, ..... I'm not saying your employer is doing that more to save his own buttox than to help you, but the possibility could exist.
Then there's you. You were instructed to perform a task that you weren't trained or licensed to do and you may or may not have been aware of that fact. No excuses for your employer. I think you could sue the company you're now working for and collect big bucks. I can imagine your employer is well aware of that possibility.
What that means is YoU are in a good position to negotiate a sweet situation. Be firm. Know what you want, what you don't want and what you'll accept. You'll be scratching each other's back. Your employer has what you need now, --- a job, driving. You have what your employer needs now, --- a law suit that isn't filed against the company. With juries deciding the payout the amount could reach the millions of dollars.
If the company fired you after the incident because OF the incident, you might be inclined to see them in court. Perhaps the company's attorney suggested a good faith gesture, --- pay for your education.
Not sayin' that's necessarily a bad thing. Could turn out to be a win/win situation, and 30 years from now you'll retire from that same company, --- and probably own half of it.
Whatever may be HAW123, I wish you good luck and the best of success.
Please keep us informed.BB203 Thanks this. -
brsims and Pumpkin Oval Head Thank this.
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TaterWagon#62 and AfterShock Thank this.
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Thanks, WD! Tman 78 doesn't agree, maybe I hurt the OP's feelings or something...
Dumdriver Thanks this.
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