The trucking business and the law

Discussion in 'Ask An Owner Operator' started by southernpride, Jun 14, 2010.

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  1. southernpride

    southernpride Gone But Never Forgotten

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    now I'm sure I'm going to ruffle some feathers over this post , so be it , I'm tired of all the nonsense that a driver has to put up with just to drive a truck and try to make a living and nobody seems to want to say enough is enough and my answer to that is simple , if your afraid of your job or some #### trucking company , don't stay home and play marbles and get out of the way.

    now i mentioned before that i spent some time with a driver that was looking for a job pretty much all day and i could not believe the things that were ask that these company's were asking i mean i new it had gotten bad but i did not no just how bad, god i love my trucks any way to make a point i picked up the phone and applied for a job and sure enough i got an ear full, dot numbers and coys of w2 forms and such, needless to say we had a conversation and it got hot and i decide to at least try to do something about it and by god i am, i couldn't do it before because it didn't happen to me now it has and i am.

    now i cant say i will win but before it is done it will at least open some eyes the government or a trucking company can not force you to violate any law or to jeopardies yourself in any way period by god they can not do it period.

    I'm i the process of finding an attorney that has enough back bone to take on the trucking business and believe me that is not an easy task transportation law is complicated and involved a lot of research and time in order to file a cause of action the last time i did this took me three years but i did in fact win and that was a fortune 500 company they thought they were to big to be sued guess what it cost them a half million bucks to find out they were not to big if your right you can win and i no of very few trucking company's that are right. and in this case i was right they were wrong and I'm living in a nice home that they payed for driving a new car and a new Harley and they bought three of my truck and and that was Landsat and today i still appreciate the help some time it just does not pay to be wrong.

    and buy the way i was the only driver that ever sued and won no one has ever tried surprise surprise you can if you just do it .

    now the next I'm sure I'm going to get a few warning on about being care full i could get sued well my answer is this PLEASE SUE ME that way i can get them in court and it won't cost me anything so please feel free do your thing because this is one truck driver that is going to do his thing and i am #### sure not afraid of a company out there. let the chips fall where they may when your wrong your wrong period.

    the next one is a company you all no well also and that company is called BARR NUN now this company wanted me to give them DOT AND MCC NUMBERS because they didn't believe the company existed it was a phony company and wasn't a good reference now i no for a fact that this cooperation does in fact exist because it just happens to be MY cooperation and it is duly registered in the state of fl and in fact listed in Dunn and Bradstreet surprise surprise and they did not get my dot numbers and in fact i did not need his job and all pone calls regarding such have been recorded i kinds think there going to get a surprise.

    now he says they have to have that information that the standard for the trucking industry, well who the hell sets the standard a trucking company thats who it is certainly not law there law maybe but not anyone Else's.

    i for one am sick of the BS associated with this business and everyone just looking the other way and I'm more then willing to spend a little money at least trying to do something about it .

    now will i win ? i have no idea but ill bet you one thing ill get there attention and they will have to spend some of there money that they took off you the river i can at least guarantee that.

    stay tuned another chapter is on the way , wish me luck. my best to all. southernpride:biggrin_25514:
     
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  3. Big John

    Big John Road Train Member

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    :biggrin_2559: I worked for my new home, cars, Harley's and a truck. Talk about spilling coffee on yeah, is their an attorney in the house!

    So let me get this right, you called up Barr Nun not needing a job just to see if they would ask you something that you thought was illegal or just wrong. You taped all the calls and know you are going to sue because he ask you for your DOT number to verify you have been in business or maybe a copy of your authority? Help me out guys am I missing something here?
     
  4. Poconorob

    Poconorob Light Load Member

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    Uhh I cant really help ya Im still trying to figure out what the post was all about...Isnt a companies dot # info public record? So your gonna sue barr-none for asking you for your companies dot# to verify your past employment with them....you....them? :biggrin_2556:
     
  5. josh.c

    josh.c Road Train Member

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    DOT and MC numbers are public information, if you have the name, city, and state of a carrier you can look them up in about 30 seconds. Why Barr Nun doesn't do that I don't know, but it's not like a SS#. What law are they breaking by asking you for this information?
     
  6. josh.c

    josh.c Road Train Member

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    You beat me to the button! It's about this thread.
     
  7. Big John

    Big John Road Train Member

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    Frivolous litigation

    From Wikipedia, the free encyclopedia



    Frivolous litigation is the practice of starting or carrying on law suits that have little to no chance of winning. There are both legal and colloquial definitions of the term. In popular usage, lay persons typically call a lawsuit "frivolous" if they personally find a claim to be absurd, regardless of its legal standing. But in official usage, as by the judiciary of the United States, "frivolous litigation" is considered to consist of a legal claim or defense presented even though the party or the party's legal counsel had reason to know that the claim or defense was manifestly insufficient or futile, that is to say, had no legal merit. The remainder of this article discusses the usage of the term within the legal profession.
    Frivolous litigation may be based on absurd legal theories, may involve a superabundance or repetition of motions or additional suits, may be uncivil or harassing to the court, or may claim extreme remedies. A claim or defense may be frivolous because it had no underlying justification in fact, or because it was not presented with an argument for a reasonable extension or reinterpretation of the law. A claim may be deemed frivolous because existing laws unequivocally prohibit such a claim (see Good Samaritan law).
    In the United States, Rule 11 of the Federal Rules of Civil Procedure and similar state rules require that an attorney perform a due diligence investigation concerning the factual basis for any claim or defense. Jurisdictions differ on whether a claim or defense can be frivolous if the attorney acted in good faith. Because such a defense or claim wastes the court's and the other parties' time, resources and legal fees, sanctions may be imposed by a court upon the party or the lawyer who presents the frivolous defense or claim. The law firm may also be sanctioned, or even held in contempt.

    Good Luck! :biggrin_2559:
     
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  8. southernpride

    southernpride Gone But Never Forgotten

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    now just as i thought , there really are attorney's out there riving a truck imagine that.
    but regardless we shall see who is right or who is wrong , i am not an attorney just a driver that has had enough of all the BS envolved in this business and i for one am more then willing to try and change some of it anyway.

    at least im not sitting on the sidlines doing nothing except finding fault but everybody is an expert and there is an over abundent supply of those no doubt that is a big part of the problem plenty of fault but no solutions but that is about normal with the new breed of driver , but there right they graduated school.

    and so what if i don't win in my efforts it's my money why do you care or worry about at least im going to try to do somthing , but you can be right thats fine by me .

    southernpride
     
  9. rubbergearsnextyear

    rubbergearsnextyear Heavy Load Member

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    No I was being sincere man. Good luck! I hope you can do something to make a trucking company have a bad day. God knows they do all they can to make a drivers' day hell and the govt isn't helping much on that end either! I think the govt makes it hell on the companies and the companies make it hell on the drivers. Trickle down phuckemnomics.

    You go after them and I'll vote for people that might actually give a #### about freedom, deal?
     
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  10. 550hpW900L

    550hpW900L Road Train Member

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    Southernpride, you have to much time on your hands, quit the bs and go fix your old trucks or something. Times changed, you say your drivers work on the trucks they drive, hope you pay them for it. I'm one to overhaul a cat in a truck stop lot but it ain't gonna be no one elses but mine, unless it's simple bs.
     
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