DAC Dispute

Discussion in 'Experienced Truckers' Advice' started by Spawn148, May 5, 2016.

  1. Spawn148

    Spawn148 Bobtail Member

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    Jul 27, 2015
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    I have a situation that I need advice on first and foremost this is not to bash C.R. England my former employer as I had a awsome DM and no major problems with them. My contract was for six months I did 11 I would have stayed longer I wanted to branch out and drive for other companies closer to home. It is concerning an accident that occurred three weeks after had given my two week notice.

    On 22 Dec 2015 was leaving Heyburn Id. heading back to the main terminal in Salt Lake City to turn my truck in and continue with my driving career with a company closer to my home in Louisiana. While heading westbound on I 84 I noticed the roads began to ice I followed the safety guideline and procedures set forth by C.R. England and slowed the truck down to a safe operating speed between 20 and 15 miles an hour. I notice an accident further down the highway so I began to slow the truck down more due to the conditions of the road. While doing this the momentum from the trailer began to push the truck, as with a jack knife I attempted to accelerate the tractor to get the trailer back under the tractor. This did not work due to ice on the roads the trailer pushed the nose of my tractor to the right shoulder of the highway and my trailer was across the highway where I was rear ended by two other tractor trailer drivers. I was not cited by the state trooper on the scene as he stated he could see I was driving to the conditions of the road. I was able to drive the tractor and trailer with not damage back to the terminal the next day as I found a rest stop two miles down the road and shut down until the morning.

    When I got back to the yard I met with my DM, and two Safety Representatives where we sat down and reviewed the accident. It was determined that I was following the guidelines and policies and the accident would not be marked as a preventable. My official DAC report is clean no accident but a individual within C.R. England reported the accident as a preventable to HireRight. Which in turn is hindering me in expanding my career as a commercial drive. I contacted HireRight and disputed the claim which an individual in the HR Department claims it was a preventable.

    I have written a rebuttal along with the accident report to HireRight which they say they will attach to my DAC with in seven to ten business days. Are there any other avenues of approach that I can take to rectify this? As I stated earlier this is not an attempt to bash or talk trash about my former employer I have limited knowledge on the steps to correct this so I'm seeking advice from the more seasoned drivers. Thank you in advance and be safe on the road and may you all make it home safe.
     
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  3. rocknroll81

    rocknroll81 Road Train Member

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    Sep 29, 2010
    West Allis Wi.
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    You did the right thing with DAC, all you can do now is maybe talk to a Attorney. It would seem that you did all you could do.
     
  4. ChaoSS

    ChaoSS Road Train Member

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    Have you tried talking to the individuals from the safety department that reviewed the incident with you?

    If you had not been hit would there have been any damage? Did the tractor hit anything on the shoulder, or did you damage either unit by jackknifing the trailer?
     
    pattyj Thanks this.
  5. pattyj

    pattyj Road Train Member

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    I'm with chaise,see of you can have a meeting over the phone with those people that said it was a non preventable and the person that reported to dac as a preventable.
     
  6. rocknroll81

    rocknroll81 Road Train Member

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    West Allis Wi.
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    He said he was rear ended by two other drivers after he jackknifed, but said there was no damage, not sure how there would be no damage.
     
  7. Spawn148

    Spawn148 Bobtail Member

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    Jul 27, 2015
    La.
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    Thanks for the answers. ChaoSS I have talked to the Safety Department and they are the ones who referred me to HireRight to correct it. Unfortunately it is not the Safety Department that reports or corrects the DAC report it is the HR Department and they have not corrected it yet. I did not hit anything on the shoulder, if I had not been rear end I could have just corrected the tractor and trailer and gotten to the rest area down the road. Even with being rear ended there was no damage to my tractor or trailer. In the pictures I am the blue one. Once again thanks for the help and honest answers.
     

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  8. buzzarddriver

    buzzarddriver Road Train Member

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    Dallas, TX
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    Being as you were rear ended by another England truck that did have some damage, you become the contributing factor. You did jackknife, which then caused you to become a traffic hazard.
    It's a raw deal, but England probably won't remove it.
     
  9. Spawn148

    Spawn148 Bobtail Member

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    Jul 27, 2015
    La.
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    From that perspective it is very logical and I can understand that. And that was discussed in the safety meeting when both that driver and I returned to the England yard. And that's where I was told that it would not be put down as a preventable. Thanks for taking the time to reply.
     
  10. imjustin

    imjustin Bobtail Member

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    Feb 12, 2022
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    They lie, then it shows up on DAC or Hireright.
    My attorney told me it's perfectly legal to lie about a driver!!
    I was shocked, but Atty. said driver us stuck trying to erase the lie!!
    Wow
     
  11. REO6205

    REO6205 Road Train Member

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    Feb 15, 2014
    California.
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    You might want to give some thought to finding another attorney.
     
    ZVar Thanks this.
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