Can I sue a employer

Discussion in 'Trucker Legal Advice' started by sparkyswife, Jun 30, 2010.

  1. sparkyswife

    sparkyswife Bobtail Member

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    May 30, 2010
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    Can I sue a employer if my husband gets in a wreck because the dispatcher told him to drive a truck with bad brakes and missing tail lights.
     
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  3. notarps4me

    notarps4me Road Train Member

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    If he gets in a wreck you will probably need that lawyer to get your hubby out of jail.
     
  4. sidewinder429

    sidewinder429 Light Load Member

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    Can I sue if told to rob a bank and I do? :biggrin_2556:
     
    Freebird135 Thanks this.
  5. kickin chicken

    kickin chicken Road Train Member

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    The driver accepts responsibility for the truck and trailer when he/she signs off on the Pre Trip Inspection (PTI).
    TRUCK DRIVERS' PRETRIP CHECK LIST
     
  6. otherhalftw

    otherhalftw R.I.P.

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    But...what if the driver didn't do his PTI? Now all can attest to never seeing a driver, climb out of the sleeper, grab a cup of coffee, fire up the rig, AND JUST TAKE OFF DOWN THE ROAD...DIDN'T CHECK ONE #### THING BEFORE DRIVING...odds are not even the log book!:biggrin_25513:
     
  7. sparkyswife

    sparkyswife Bobtail Member

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    May 30, 2010
    Keller Texas
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    He checked It. He saw it was messed up.But if he didn't drive it he would be fired because the load had to be somewhere pretty quick.
     
  8. otherhalftw

    otherhalftw R.I.P.

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    In the battle of revenue v safety...which department always wins? REVENUE OF COURSE!

    No you can't (or you shouldn't) sue them for the driver not taking his own responsibility and allowing this to go on the road!
     
  9. notarps4me

    notarps4me Road Train Member

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    Without brakes quick is the only way it can get there.......:biggrin_2556:
     
  10. Truckers Advocate

    Truckers Advocate Light Load Member

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    Yes you can sue, however will you win? Will your husband be charged as an accomplice or worse held entirely accountable?
    What you can do;
    · Contact the Office of Inspector General. http://www.oig.dot.gov/Hotline The (OIG) maintains a Hotline to facilitate the reporting of allegations of fraud, waste, abuse, or mismanagement in U.S. Department of Transportation (DOT) programs or operations. You may report such allegations through the contact information listed on this page. Allegations may be reported by DOT employees, contractors, or the general public. OIG’s Hotline is open 24 hours a day, seven days a week and is operated by a third party contractor.
    The OIG Hotline is obligated to expeditiously forward all safety-related complaints to DOT’s safety regulatory agencies.
    Issues that should be reported

    * Contract, Procurement, and Grant Fraud
    * Environment, Health, and Safety Violations
    * Computer Crimes
    * Product Substitution and Suspect/Counterfeit Parts
    * Bribery, Kickbacks, and Gratuities
    * False Statements and False Claims
    * Conflicts of Interest and Ethics Violations
    * Travel Fraud
    * Theft and/or Abuse of Government Property
    * Stimulus Abuse: American Recovery and Investment Act of 2009 (ARRA) violations
    * Violation(s) of Criminal Law and/or the Civil False Claims Act in Connection with a Federal Contract
    * Other Violations of Federal Laws and Regulations

    · Contact the Federal Motor Carrier Safety Administration. http://www.fmcsa.dot.gov/about/outreach/consumers/safthotline.htm The Motor Carrier Safety hotline is a line of communication available to commercial vehicle drivers to submit reports of actual or potential violations of the federal motor carrier safety regulations.

    The line, 1-888-DOT-SAFT (368-7238), is a toll-free number for drivers nationwide to contact the Federal Motor Carrier Safety Administration.

    · Seek legal advice.

    · Inform the carriers insurance with proof of the violation/s and or unethical, unsafe practices of the company, (this particular action is useless if the company is self-insured, however you may report them to government agency that controls their bond for self-insurance; the Federal Motor Carrier Safety Administration and the state DOT.)

    · Go public (Media, YouTube, etc. etc.)

    · Have your husband quit!

    · Do nothing

    Each of these actions have repercussions, it is up to you which of these actions you are willing to take. Probably the safest would be to seek legal advice, which in turn can help you assess these and other available options.
     
  11. sparkyswife

    sparkyswife Bobtail Member

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    May 30, 2010
    Keller Texas
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    So my husband should quit? Then they will hire someone else. And he won't have a job.They didn't tell him to drive broken stuff when they hired him. I think it is a scam!
     
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