Accidents & Penalties, how does it affect your career?

For the OP and those interested...

What is a DOT-Recordable Accident? - FindLaw

https://www.fmcsa.dot.gov/sites/fmc...Truck_and_Bus_Crashes_Reportable_to_FMCSA.pdf

 

I don't believe CSA or DOT were keeping track of "at fault" vs. "not at fault" accidents for carriers or drivers. There was simply "accidents". I think that this past year or this year, they have proposed to make that change to the records so that the distinction is made.

As for DAC and employer reporting- they will always err on the side of placing culpability on the driver. I don't know if that's simply so they can justify the termination [for unemployment, insurance and other purposes] or in case a lawsuit arises down the road [they can simply blame the driver, call it negligence, and have the plaintiffs sue the driver in civil court]. At any rate, that's the company's way of washing their hands of a driver as best they can.

You can petition DAC and ask that they review any report against your record. They may amend the record, but I don't hear much about them removing a report from the record. They're always going to default to the side on which their bread is buttered- employer-paid services.

Sure, there are many smaller companies and even some bigger unscrupulous companies that will hire someone with "accidents" on their record- many say "no more than 3 preventables" in so much time. Some smaller companies' HR rep may take the time to look at the specifics of "accidents" to determine whether it was the driver's fault or not. But many companies won't bother and that's mostly because their insurance doesn't care who's to blame for an accident. All they care about are "accidents", period.

That means if you're just plain "unlucky" and have one "no fault" accident after another- the trucking industry is just not for you.

"Lucky" people only need apply...

 

If that's all it takes to keep you happy, I will work on it...

 

Very true. About 2 years ago an older lady pulled out in front of me and I hit her. The officer put on his description of the accident that I applied a faulty braking maneuver thus indirectly ascribing me as at fault.

The reality of the situation is that I was not only not at fault but actually saved the lady's life by maneuvering my vehicle in such a way as to not hit her directly at her door which would most likely have killed her. I was able to put my vehicle into a slide that moved me over just enough to hit her vehicle at the engine bay instead of her door. It was off by just a bit but enough to save her life.

I've tried everything you could possibly imagine to straighten out the situation with no success. I even sent an email to the officer with pictures of the tire skid marks that pointed towards her vehicle being in the middle of my right of way. I even circled the skid marks so there could be no misunderstanding. He responded that he did not see it.

Lawyers would not take my case because of his report even though I had evidence that proved my case.

There are 3 conclusions I've come to as to why they wouldn't take my case. Conclusion 1 they think law enforcement is incapable of making mistakes. Conclusion 2 they did not want to go against them because of fear. Conclusion 3 there wasn't enough possible money in it to make it worth their time.

There was a fellow driver I used to work with who was not driving any longer. He said that I was screwed and that the officer would automatically put me at fault regardless. I did not believe him. I thought law enforcement was supposed to be blind to the fact that I was a truck driver and that they would just present the facts. I do not believe that anymore.

I was, to put it bluntly, awakened to the sad reality of our current legal system.

 

Great question! I was thinking the same thing. Is it just up for interpretation by whoever or what?

 

The company the driver involved works for usually has an accident review board. They either charge it as preventable or non-preventable.

In the case of an O/O , Idk.

Insurance co. maybe ?

 

Ahh right. The insurance company did hire a "3rd party" to review the case and they take the side of the officer who gave the report over everything else. Also, the insurance company that came out with it being my fault was the company that hired the 3rd party person to review the case. It was in my personal vehicle so the company I worked for at the time didn't review it. My insurance company still holds to it was her fault though.

 

If the accident was in your personal car , your auto insurance or the other vehicles auto insurance will decide who was at fault. Using witness reports or police reports.

The trucking company you work should not be involved in any way. They've got no interest. Unless you were ticketed for careless / reckless / or God forbid a DWI /DUI