False DAC claims by company

Discussion in 'Experienced Truckers' Advice' started by Mr_Magoo, Jan 27, 2012.

  1. Mr_Magoo

    Mr_Magoo Light Load Member

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    well....a man named Paul Taylor won a similar case against STAR last year, getting a driver 130k. didn't say whether lawyer's cut was out of that or whether that was net...but it was similar situation.

    The thing is...they stated that the accident was AT fault...dispite PADOT stating it was NOT at fault. They stated I was late on a load I could not go pick up to start with....being I had a blown turbo..kinda hard to be late in that situation. Especially being it's against FMCSA regs as well as DOT to try and force a truck to roll if it is NOT legal...blown turbo=not exactly legal
     
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  3. dancnoone

    dancnoone "Village Idiot"

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    So....you are willing to go into a court room, under oath. Then tell a Judge and jury, "I'm not at fault, the officer TOLD me to do it."

    daaaaaamn
     
  4. Bigrigin

    Bigrigin Light Load Member

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    Now if the officer handed you his gun and told you too point it at your head and pull the trigger would you?? What should of happen is the cop should of told you too stay right there with your flashers on well he call for a wrecker too remove the illegally parked van, so yes you are at total fault. Now for being late this must not of been your first time, I really don't think a company would fire you if your truck was in the shop and you have all the paper work too prove that with times on it, and the company had too pay the bill so they know what time you would of had too make that appointment. I think your leaving out some info on what really happen.
     
    Last edited: Jan 29, 2012
    Mr_Magoo Thanks this.
  5. Mr_Magoo

    Mr_Magoo Light Load Member

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    Tell ya what. Thanks for the advice btw. But there are lots of should haves for us all. But had I stayed there and took an impeding traffic hit, would that have between any less points on my record? Secondly, failure trip obey may have neem tacked on as well but most likely appoint hold up, trialling 3g points if it did. But go work for srt or any of covenant subsidiaries
    Then come back and tell us how honest and upstanding they are. Better yet and easier, read
    Up on some bbb and fmcsa reports along with driver testimonies
    On working for them. Don't take my word for it alone. If I want advice
    I am going to tell the whole story. I don't want nor need
    Anyone to side with my view as it wasn't an opinion but a question. So if you're looking to troll head over to bad companies. LOTS of easy targets there
     
  6. dancnoone

    dancnoone "Village Idiot"

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    Already done that...on the SRT thread and here.
     
  7. Mr_Magoo

    Mr_Magoo Light Load Member

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    Then we can only guess you failed just as miserably there too?
     
  8. Mr_Magoo

    Mr_Magoo Light Load Member

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    he didn't hand a gun, he handed a direct order, being a peace officer its not a great idea to disobey. Furthermore he wasn't asking me to break the law
    However if I sat right there that would have been breaking the law by impeding traffic and blocking an intersection. By listening to him I avoided multiple citations and no he wasn't a DOT but the php that showed up was
     
  9. Mr_Magoo

    Mr_Magoo Light Load Member

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    Lone Grove, OK
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    Now if we could get back on topic please to get those confused up to speed, the question is if a company files an at-fault accident after DOT rules it NOT at fault then a late pickup/delivery when they had full knowledge I was in the shop with a blown turbo, would I have a case against them if not for money to at least ensure they can't do it again to others as they are notorious for it
     
  10. rockee

    rockee Road Train Member

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    You could probably get the late delivery taken off but I doubt very seriously the at fault would go off no matter how it was written up by the officer. Did you or did you not hit the parked vehicle? That is the view they probably took.
     
  11. CondoCruiser

    CondoCruiser The Legend

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    Before you do anything, you have to follow procedures. You said you waited 2 weeks. Sometimes it takes a month for your report to be updated.

    Have you even filed a dispute with Hireright? That's your first step.

    I pulled my report and there was a 4 year old bad remark on there. I filed a dispute last October. Just yesterday I got a reply and the remark was removed and employment was changed to "satisfactory".

    They also give you a space to post on your report to explain the situation if it doesn't get removed.

    Hire Right just paid out on a lawsuit and they have their tail between their legs. Without physical proof, they will be reversing many disputes.

    Like others said, it doesn't matter if that guy was illegally parked and a cop was waving you. You are the only one behind the wheel. They can always fire back that you shouldn't of got yourself in that predicament.

    The repair thing is you have all rights to put your own truck OoS. They can't hold a late delivery against you if that's true.

    Here's a link to file a dispute.

    http://www.hireright.com/Consumers-Applicants.aspx#DisputeForm
     
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