Please Advise my DAC reported as a preventable accident

Discussion in 'Experienced Truckers' Advice' started by Nancy Norman, Apr 20, 2010.

  1. Nancy Norman

    Nancy Norman Bobtail Member

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    Apr 20, 2010
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    IMI Cement threw his shoot from his truck and a car hit it. Not the one I was following a car several ahead me. The IMI driver was cited for the accident. I could not avoid contact with the car that hit it. I was cited for following to closely but it was dismissed in court. The court agreed that any other manuvere on my part could have made the situation worse yet Marten Transpot has my DAC reported as a preventable accident. What Now?????
     
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  3. springbrake

    springbrake Light Load Member

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    Marten didn't wait for the outcome of the ticket?

    No innocent until proven guilty?



    Just curious, what damage did your truck cause to the car or what damage did your truck suffer?


    How did the car in front of you evade the car that hit the chute?
     
  4. TexasEskimo

    TexasEskimo Bobtail Member

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    I would try going thru Marten first.Be Professional,Be Nice.Be able/ready to fax the info of the Courts findings.Ask for confirmation,and get the name of the person who is charged with helping you... Ask how long it will take them to correct this.I say Seven Business days....

    IF YOU GET NO RESPONSE FROM MARTEN...

    I would contact DAC(They have to follow the same rules as Credit Bureaus..Under the "Fair Credit Act)Tell them THEY have posted inaccurate information.If they start the B.S.,let them finish their spill..then bring it right back to "You have posted inaccurate info and I have been turned down for a job because of it".Keep your remarks focused on the FALSE INFORMATION on THIER REPORT.At the very least,you need to have the the Courts opinion attached to it...This should be in writing ,with the courts seal,if possible.DAC must react..But they will take the Max time allowed to fix this...

    Still nothing.You might have to but an hour of time from an Attorney..Have him send out a Lawyer letter...
     
    The Challenger Thanks this.
  5. Rollover the Original

    Rollover the Original Road Train Member

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    Springfield,MO
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    Send a copy of all tickets or accident reports and court summaries to Hireright when you send in the rebuttal form you download and fill out. Also send them to Martin return receipt requested with a letter asking them to remove this negative information from #1 your permenate personnel record and from your Hireright/DAC report JUST BE NICE in the letter. Also spell check and proof read BOTH letters. The on t to Martin and the one to Hireright as the will file 13 any rebuttal forms that come in with miss spelled words and not proof read! Be a concise as possible on the rebuttal form with as much information as possible starting from the beginning to the end with the outcome from court. The more and correct information on that rebuttal makes it more helpful.

    Now as I've seen in here Martin ( Blue Bird) seems to slam everyone who ever walked through their doors!
     
  6. Nancy Norman

    Nancy Norman Bobtail Member

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    Apr 20, 2010
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    I had my appeal with Marten via conference call with my attorney and I and a 3 person safety dept panel. My attorney gave all the court findings to the panel and they told him to hang up. I was talking to deaf ears they had already made up their minds. My DAC would stay with the preventable. I will follow all the in- accurate DAC reporting procedures next. It should be noted that my MVR remains completely clear. I am not being hired purely on what was reported on my DAC. There were no ambulances no tow trucks NO damage to my truck and minimum damage to the vehicle I tapped. Whatever Im dead in the water right now after 6 years of a perfect driving record.
     
  7. Nancy Norman

    Nancy Norman Bobtail Member

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    Apr 20, 2010
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    No injuries reported at the scene, no damage to my truck, I was entering Nashville to get I65 To stop my truck with 43,000 on at 55mph I took up 434 ft proving I was not following to closely in the court. The cement truck chute was an unusual variable and I made contact with the vehicle that hit it with 3 inches of force ...did not even break the tail lights. Many vehicles scattered from lanes 1 2 and 3 It surely could have been much worse. But that did not matter to Marten Transport!
     
  8. Nancy Norman

    Nancy Norman Bobtail Member

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    Apr 20, 2010
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    I was terminated on the spot and put out of my truck with my gear 225 miles from my home!
     
  9. Ramblin' Redneck

    Ramblin' Redneck Medium Load Member

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    Apr 18, 2010
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    You were following close enough that you were unable to stop before the impact. In their mind, that is following too close. The fact that you made contact with the vehicle ahead of you is all the proof they need that you were either 1) following too close, or 2) not paying attention. Either way, as a result of this wreck they view you as a liability more than an asset.

    Remember...

    http://www.fmcsa.dot.gov/about/outreach/education/driverTips/Following-Too-Closely.htm

    TIP # 1: MAINTAIN A SAFE FOLLOWING DISTANCE

    Large trucks need additional space between vehicles to allow for safe braking and unexpected actions. In crashes, large trucks most often hit the vehicle in front of them.
    Did You Know? If you are driving below 40 mph, you should leave at least one second for every 10 feet of vehicle length. For a typical tractor-trailer, this results in 4 seconds between you and the leading vehicle. For speeds over 40 mph, you should leave one additional second.
     
  10. jtrnr1951

    jtrnr1951 Road Train Member

    6 years experience..........

    Go get a job with a GOOD company................
     
  11. Nancy Norman

    Nancy Norman Bobtail Member

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    Apr 20, 2010
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    Per the proven scale used by the court systems to determine following distances for all vehicles...I used 434 feet to stop my truck, well over a football field 100yds which was the standard following distance taught to me in CA where I got my first license. I was short 3-4 inches at impact. You would think that that margin of error would be acceptable with the extenuating circumstances in my case and was in court. But not by Marten. Had it been 3-4 feet I might have killed all 4 children under the age of 12 in the back seat. How we are to judge 3-4 inches is beyond me. The Cement truck company said they would hire me and commended me for an amazing handling of my truck!! LOL
     
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