non dot preventable incident help needed !

Discussion in 'Questions From New Drivers' started by tylerc228, Sep 12, 2023.

  1. Moose1958

    Moose1958 Road Train Member

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    The correct term is DOT RECORDABLE. The FMCSA in 390.15(b) requires carriers to maintain an accident register. The definition of accidents subject to this rule is found in 390.5.

    Accident means—
    (1) Except as provided in paragraph (2) of this definition, an occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in:
    (i) A fatality;
    (ii) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
    (iii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle(s) to be transported away from the scene by a tow truck or other motor vehicle.
    (2) The term accident does not include:
    (i) An occurrence involving only boarding and alighting from a stationary motor vehicle; or
    (ii) An occurrence involving only the loading or unloading of cargo.



    This is where accidents are recorded! If none of the above apply to the accident the FMCSA does not consider it an accident for purposes of part 390.
     
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  3. Ridgeline

    Ridgeline Road Train Member

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    No you find it, it is called the garage keepers law. it has even been in the news a few times in your area. It was passed in 1915 and still on the books since.

    Yes, the company can hold him responsible, the point is he shouldn’t worry about it, just learn and move on.
     
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  4. gentleroger

    gentleroger Road Train Member

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    2022 Michigan Compiled Laws :: Chapter 256 - Motor Vehicles :: Act 391 of 1919 - Garage Keeper's Liability (256.541 - 256.545)

    No, the garage keepers law does not make the truck wash liable because they were not operating or otherwise in control of the vehicle. One could argue that if the driver hit something pulling into or out of the bay then the truck wash could be liable, but it would be a challenging argument to make.
     
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  5. SmallPackage

    SmallPackage Road Train Member

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    The biggest question here is did the truck wash actually do a good job and “clean” the truck? If they didn’t consider the dinged up vacuum as a tip for the great service. Lol
     
    Numb Thanks this.
  6. lual

    lual Road Train Member

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    As a result of the above incident -- your homework assignment -- go home & write this 1,000 times:

    "Get out & look (G-O-A-L)"

    -- L
     
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  7. Lennythedriver

    Lennythedriver Road Train Member

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    Any time you’ve been sitting somewhere if you don’t know exactly what’s going on behind that truck, don’t back up until you walk back there and look. There’s been a couple times where I was pretty much 100% certain that nothing was behind my truck because nothing was behind it when I pulled in and stopped for a minute or whatever. But I have my own policy that I live by and I never change it and that’s if I’m not 100% sure I get out and look. And sure enough there was car thst snuck in behind me that I could not see. I’d be writing the same post as you had I not gotten out and looked. Get out and every single time you’re going to back the truck up in a situation like that. Especially if you park at places like Walmart. Idiots will purposely park right behind you where you can’t see them.

    Hate to say it but that probably is gonna cost your company $1500 bucks or something to replace that vacuum. If I were you I would tell them or make them a deal to keep it off your record if you pay for it. At the end of the day it’s about money for your company. I know some trucking companies will allow you to do this. Otherwise it’s probably going to go on your record with them and future trucking companies will know about it.
     
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  8. wis bang

    wis bang Road Train Member

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    Experience comes from poor performance/judgement and happens to everyone.

    While this may upset your carrier; it isn't that big a deal UNLESS you start to have many similar incidents.
    Learn from it and move on...

    There used to be a paper reporting requirement for carriers to submit accident reports to the DOT.

    The largest finding fom all that paper was EVERY driver is most likely to have an accident/incident within the first year of employment and/or the first year with another carrier when the driver changes companies.

    I had a million mile man involved with a 'Karen' in a caddilac who froze when the ambulance came up behind her and they tangled in front of this guy....

    Stuff happens I know you will check next time...
     
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  9. Concorde

    Concorde Road Train Member

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    “My fm says he doubts thecompany will report something that minor on mydac report but I’m still worried .”

    Count on it being there..it’ll be their leash around your neck :)
     
  10. ZVar

    ZVar Road Train Member

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    So you are wrong again like normal when attempting to quote laws. Gotcha
     
  11. 77fib77

    77fib77 Road Train Member

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    How did your company act?
     
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