Highway Road Hazzards

Discussion in 'Trucker Legal Advice' started by pop i, Sep 7, 2012.

  1. pop i

    pop i Bobtail Member

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    Feb 2, 2011
    Tennessee
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    Recently I was hit by a wheel that came off of a car that was approx 1/2 truck length in front of me traveling about 45 to 50 in a 60 mph construction zone in the right hand lane. I was in the passing lane doing about 57 to 60 mph. The whole wheel comes off and bends my bumper messes up the oil pan and rips air lines off. Making me pull off and out of service. Dot, does not write up either side and is at no fault to either drive. They said this was in the category of a highway road hazard and no report will be filled.
    Then I get a demanding notice, I will have to fill out a accident report for my company or turn in my notice, so that they can turn it in on there insurance. I'm thinking why accident report when the dot wouldn't even fill out a accident or incident report. I am wondering with the new rules and points on daq files. If the company can affect my record with this matter. There was a extensive amount of damage done to my truck with nothing but a wheel coming off a old vehicle for the other driver.
     
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  3. IceCreator

    IceCreator Medium Load Member

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    Jul 3, 2012
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    I imagine the accident report would be similar to as if you took down a stop sign or hit a building. I dont think dot would do accident reports for that, but the company would. Write up what happened.
     
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  4. Taildragon

    Taildragon Heavy Load Member

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    Jun 22, 2012
    Indiana
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    Did he give you any paperwork with the other vehicle insurance information on it?
     
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  5. NYROADIE

    NYROADIE Heavy Load Member

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    Jun 24, 2010
    Rochester NY
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    It was an accident caused by the other driver (lack of maintance) your company needs that info from you to go after the other guy. Did you get pics and the other drivers info?
     
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  6. Wooly Rhino

    Wooly Rhino Road Train Member

    3,367
    5,648
    Jul 6, 2008
    Liberty, Missouri
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    Insurance companies have different interest then does law enforcement. You have to file a report. The word accident is unfortunate because it isn't an accident. There was damage done and they need paper to file the claim. Not having a form messes up the system.
     
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