Company Driver Punished for hitting Unmarked Bridge.

Discussion in 'Questions From New Drivers' started by Ryo_Vilmerez, Oct 12, 2010.

  1. Ryo_Vilmerez

    Ryo_Vilmerez Bobtail Member

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    What if after doing all you said, perhaps at night in the middle of heavy pouring rain which impeded your judgement (human error). you felt you could fit but was wrong.

    This goes back to the question: why are most bridges marked or restricted in the first place. Is it required by dot that a bridge on non-restricted industrial roadway be marked. please be specific. Does DOT expect drivers to accurately guess clearances, in that case why aren't we guessing speed limits, what use is you tach or speedo???? What else should we be guessing?
     
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  3. chompi

    chompi Road Train Member

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    In your road carrier atlas is where you find all the low bridge routes. When planning your route (for every trip) you consult your road carrier atlas and make sure that you have planned the proper route avoiding low bridges and restricted roads. Unless it is on private property every bridge in the country will be in that book. If you are on private property then you don't just assume that they have taken the liberty to build everything according to the height of your truck.
    This is what professional truck drivers do. They don't just wander around trying to fit their truck under stuff! There are also natural occurring low clearances such as trees that you need to be aware of when driving on private property.
    On a side note, not all of your qualcomm directions are routed for big trucks. Some of this information is relayed by customers giving directions to there place of business by how they get there in their personal vehicle. So once again, make sure you are always double checking your routing with your road carrier atlas if you are not familiar with the area.
    As for your question RyoVilmerez, I would give you a specific answer however your question does not make any sense. If you would like to re-word I will give a specific answer.
     
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  4. walstib

    walstib Darkstar

    After more than one hit, why don't they post a sign saying "No trucks allowed" at this point?...
     
  5. Ryo_Vilmerez

    Ryo_Vilmerez Bobtail Member

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    "what happens if a driver hits an unmarked bridge, not listed in the RM atlas and on an industrial non restricted area. How does DOT look at this? What scenarios constitute preventability on the part of the driver? What position can a driver take to argue his innocence..i.e that he did everything he could to avoid such incident? And lastly, What can a driver do to defend himself against reprimandation by an employer when in the light of such predicaments?

    1.Why vertical clearance signs, weight and restriction are posted on most bridges in the first place?

    2. Coming from a legal standpoint, is it required by law or statute that a low clearance bridge on a non restricted industrial roadway be posted?

    3. In the case of accidents leading to loss of life or property, who can be held liable?

    4. And lastly but not the least, What is the difference between preventability and guilt/ fault. When can an individual be held accountable for not preventing an accident, can that individual be also considered to not be at fault/ guilty at the same time.??

    5. Is it a feasible argument that in absence of any measuring device such as DOT certified well calibrated lasers, ruler or tapes installed on vehicles susceptible to strike a low bridge, devices that minimizes the problem of human error; allowing the driver an opportunity to accurately gauge the height of a bridge ahead, a driver is expected to accurately#GUESS#whether the vehicle can safely go under an unmarked bridge on a non restricted roadway.???

    After going through the link, I wonder if the trains above were derailed resulting to an#immensely substantial catastrophic#amount of casualties (try to picture the worst here), will the employer/employee assume "personal responsiblities" arguing that their driver was at fault; neglecting safety rules and preventive measures. Proceeding with reprimands or even terminating the driver (driver wont have to go to jail since the local authorities did not cite him nor did he violate any dot provision), then goes that extra distance in making everyone else and families suffering from the ordeal whole? OR will the employer save itself legal headaches by simply pointing out the dot link posted?"

    This particular bridge isn't noted on the atlas as I have been pointing out in my questions. All low clearance bridge isn't always listed. This isn't a private bridge nor a tree limb. If these questions don't make sense to you, rewording wouldn't make a difference.
     
    Last edited: Oct 15, 2010
  6. ac120

    ac120 Road Train Member

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    1) If you're wrong, then you're wrong.

    2) I believe that bridges/structures that are less than a state's statutory height (13'6" in most states, 14' in California) must be marked. Why? So, hopefully, no one tries to squeeze a vehicle or load that exceeds the statutory height under one of those structures.

    3) Now you're being silly.

    If you can't get the answers you want here, I suggest trying Google, or get in touch with federal DOT or a state division of transportation. You're asking for answers to legal questions; you need to ask an attorney.

    There is probably no regulation that requires that low-clearance structures on private property are marked.
     
  7. GasHauler

    GasHauler Master FMCSA Interpreter

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    I 've hauled a couple of over height loads and if I was to do it again I'd pass. Some states are better than others. I was in Ut with a 16 foot load and they would direct me to be in a certain lane at a certain overpass all the way to the state line so they knew the clearance on every lane on every bridge. However, I got into WY and they just routed me on the permit by checking an outdated book. I came to a bridge (a RR bridge) and it looked low, and it was. So what do you do? If you stop and turn around and hit something else or collapse another bridge because you're too heavy then everyone comes after you because you violated your permit. I called the state police and explained the whole situation and they got me around the low bridge.

    The problem with clearance signs is the fact you can NEVER trust them. Even if the sign is gone you might not get a ticket but you might be held lisable in civil court. It gets back to the driver is required to know his or her equipment.

    Clearance signs are the responsibility of who owns the bridge. (In this case anyway and all the federal regs I could find). Besides that, you can't expect a responsible party to be there to change the sign as soon as the clearance changes. It could even be a year before one knows what the other did.

    The OP is wrong clear and simple. Trying to use the sign as an escape of responsibility is like saying since the speed limit sign on an exit was not there I can go as fast as I want. It's cut and dry, you want to drive a truck professionally then you must take professional steps in the operation of the vehicle.

    This is a learning site about trucks and the life style. It doesn't matter how a point is written or said. If someone wants to take 10 minutes to explain a two minute problem then so be it. If we're going to start grading postings then just give me an F to start with.
     
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  8. Ryo_Vilmerez

    Ryo_Vilmerez Bobtail Member

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    Conclusively, I take it as an unwritten rule that a pro driver is expected to guess the clearance and do so correctly when approaching an unmarked non-restricted bridge. Could face ramifications from employer (personal responsibility) for low clearance misfortunes but cannot be legally held liable if no law or dot regulation was broken.

    I call this the unwritten Rule of double standards.
     
  9. ac120

    ac120 Road Train Member

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    Those are your own conclusions and not what I said. I'm not a lawyer and I'm not trying to offer legal advice. I don't see what this has to do with double standards. Again: if you need legal advice or information, this isn't the place.
     
  10. Znine

    Znine Light Load Member

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    Company policy can exceed the law. If the company requires drivers to wear pink underwear and they catch them not wearing it then they can discipline the driver. Just because the police says the driver did not violate any laws does not excuse any company policy. When I drove company policy was half of the ramp posted speed and if the driver followed the law the company still could still fire the driver. I can't remember but they might of been a policy for un-marked bridge clearance. I do remember in winter they warned us to watch out for the build up of snow and ice on the road. So if the driver got stuck under a bridge because the road crews didn't clear the snow the driver could still be in trouble because of the policy.
     
  11. GasHauler

    GasHauler Master FMCSA Interpreter

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    I believe that most states do not have a law for stupidity like running into a bridge, but you can believe if you damage someone else's property you'll be held liable in civil court. BTW, you do not guess the clearance. You make sure.
     
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