Bro... I may come off as THAT guy, but I'm honestly happy YOU'RE ALIVE man. Being shot 6 times, surviving, and being here with us today is a miracle. I'm honestly glad you're even here. You sound like a great guy and a hard worker. I know having your things stolen sucks, but man I'm just happy you're here and in better health. I wish you well and please be safe. The world is getting crazier by the day!
They shall remain unnamed but what they did will be exposed
Discussion in 'Report A BAD Trucking Company Here' started by drivingmissdaisy, Oct 26, 2022.
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That's just it. THEY TOLD YOU TO COME GET YOUR STUFF. They never told me anything. They just gave away my stuff while I was gone. THAT'S THE WHOLE POINT.
Please post the actual law that states that a trucking company can give away a drivers belongings without notifying the driver.
They never had a driver violently assaulted ON COMPANY PROPERTY. That changes EVERYTHING. I know this because the WC company I'm dealing with has told me that they have NEVER had a driver shot on a trucking companies property. And they said they've had 100,000 claims over the past 20 years.
Yes, sorry sir, they do have an obligation to take care of my stuff OR give me the chance to come unload the truck. They CANNOT take it upon themselves to GIVE AWAY MY PROPERTY. When my father went out to the truck, it was not because my company said come get your stuff. It was because my father told them "My son needs some stuff out of the truck before we leave for Louisiana." They NEVER said "Come empty your truck, we need it.".
It's no different than a landlord with an apartment. If the tenant is unable to return, THEY MUST BE GIVEN A CHANCE TO COME GET THEIR STUFF. Something like 30 days AFTER notification has been made. They CANNOT simply put your stuff out by the road or give it away. Or they can be sued for the value of their property that was lost. I know this, I've seen court cases where this happened. They all have the same question asked. "Did you notify the tenant to come get their stuff?" The answer is always "no" and then result is always the same. They have to pay for the tenants belongings.Last edited: Nov 3, 2022
drvrtech77 and RJM1953 Thank this. -
Warren v district of Columbia ruled that police have no duty of care and are not required to investigate reported crimes.
Heckler v Cheny ruled that the decision NOT to prosecute or enforce is not judicially reviewable.
So both the police and the DA have thhe ability to selectively enforce the laws. By themselves, your aligations would not result in arrest or charges. Less than 20% of property theft reports do. Thus your only option to COMPEL restitution is a civil suit.
They also gave you a chance to retrieve your belongings, wether you want to admit it or not.
In your op you said " another one got with my dad about going to the yard nearby and unloading my truck." From a legal standpoint the verbal communication between your father and the company is nonbinding. He has his version, the employee he talked to will have a different version.
Employment relationship is very different than a tenant situation. The laws are very different.
For some perspective read the about the uhaul that was mistakenly repo'd. It wasnt until the media got involved that the police or uhaul tried to do anything. -
You're misinterpreting the law. That ruling states that police are under no obligation to protect individual citizens. It doesn't say they can let criminals walk free. All that is is a liability limiter for police across the nation. In fact, they ruled police don't have to protect individuals, they have to enforce laws. Theft is a law that they must enforce. This ruling would prevent me from suing the local police for not keeping me safe and protecting me from being shot but it has nothing to do with whether or not they arrest the guy who stole my TV.
Warren v. District of Columbia - Wikipedia
https://www.reddit.com/r/todayilear...of_warren_v_district_of_columbia_which_ruled/
Stealing someone's property is criminal.
If Wal Mart can get you arrested for stealing a candy bar I can have someone arrested for stealing hundreds of dollars of my stuff.Last edited: Nov 3, 2022
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This has been an interesting thread. I guess I don't understand the logic of "Reporting a Bad Company" if the company isn't mentioned. Also - I don't think it company that bought you a new TV as being bad.
But in regards to the whole grand theft aspect - your apartment analogy is interesting.
In your example what you are calling grand theft is treated as a civil matter. I've never heard of a landlord (or roommate or employer) getting arrested for tossing someone's stuff even if they weren't supposed to. In my experience (and apparently yours) it ends up being a civil matter where they owe money if in the wrong.
I'm not a lawyer but in order for me to call someone a thief there needs to be some intentionality involved. I don't see any of that here.JoeyJunk, buddyd157, gentleroger and 1 other person Thank this. -
Dude, they gave your stuff away, by accident they will claim and will offer to replace.
THAT IS ALL YOU'LL GET.JoeyJunk, buddyd157 and gentleroger Thank this. -
Having worked in the insurance industry for almost 4 years, trying to help victims of that industry (such as yourself).. get as much as they possibly could FROM said industry... They are playing the most profitable game insurers can play..... Obfuscate and wear you down and delay you until you accept your little bowl of porridge rather than the steak you were promised, because now you're starving. Doesn't matter if it's medical, homeowners, or this... The game is always the same.Jubal Early Times, JoeyJunk, buddyd157 and 1 other person Thank this.
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It's called a controlling precedent. Pull up Westlaw and look at all the cases that Warren is cited in and you'll find plenty of cases summarily dismissed due to Warren. Say they hadn't caught the guy who shot you right away but security cameras were able to provide a 100% certain identification. The police are still not REQUIRED to make an arrest. In Castle Rock v Gonzales a man violated a protective order that MANDATED he be arrested for any violations. The police failed to take any action which resulted in the murder of three children. The supreme court ruled the police had no duty to enforce a court order because of a "well-established tradition of police discretion has long coexisted with apparently mandatory arrest statutes". If police aren't required to enforce a court protective order, why do you think they're going to make arrests based on just your statements?
Beyond that, look into how many rape kits are NEVER PROCESSED. If they're not putting resources into rape, do you really think they're going to spend time/money on your case? I said it before and I'll repeat it - less than 20% of property crimes result in an arrest. Without probable cause, the police will file a report and kick it over to the DA. The DA will do NOTHING because an arrest hasn't been made, it's non-violent, it's a low profile case, and they probably won't be able to make a conviction. They will not spend their budget investing and gathering evidence in a minor case that will do nothing to advance their career.
When Walmart calls the cops they have the suspect 'dead to rights', usually. It's a call made in real time and officers tend to make a probable cause arrest regardless of whether there is probable cause or not. Once an arrest is made the DA is incentivized to prosecute, even when the preponderance of evidence is lacking - particularly when the complainant is a major player in the local economy.Lonesome Thanks this. -
I know if I was shot 6 times or 1, Material possessions wouldn’t be on my mind at all. I don’t care how much stuff I had in the truck. I’d be more focused on THE FACT I WAS SHOT SIX TIMES.
bryan21384, lester, drivingmissdaisy and 5 others Thank this. -
Unfortunately the world is full of crazy and stupid people. Driver best wishes to you.
drivingmissdaisy and JoeyJunk Thank this.
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