preventable crash for failing to maintain speed in on ramp merge situation

Discussion in 'Swift' started by margaret352, Mar 1, 2013.

  1. Scarface1978

    Scarface1978 Light Load Member

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    Aug 26, 2012
    Granite City IL
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    Ya we are suppose to GOAL I back then I send it hell they even what trailer plate # but I don't send it from hat I hear u get in worse trouble if u have a accident and don't goal first.

    Ya a lot of people merging are idiots they slow down and get slow and exspect u to stop for them or there on there phones we need to have the left 2 lanes for trucks only unless exiting cars are are almost always at fualy for truck accidents 4 wheelers are the problem.

    ya they are going to give u a preventable for almost anything they can its to trap u in and can't go.no where else and they are just Aholes hell my friend was parked and got a preventable when a lady hit him while he was at a gate at a shipper.

    i got a preventable getting stuck in the mud and they even put it on my DAC when the tow truck damages my bumper while pulling me out Swifts a joke can't wait to leave
     
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  3. margaret352

    margaret352 Bobtail Member

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    Jun 6, 2010
    Bellingham, WA
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    Hi guys, thanks for the replies and good info, I haven't had a connection for a few days so sorry for the delay. Here's the background.

    I was on an interstate, right lane, passing an on ramp. Two cars to my left. Car coming from on ramp. i maintained my speed. car was behind me and appeared to be merging in behind me. I maintained my speed. After a check on the cars to my left I checked right mirrors and didn't see him anymore and figured he was behind me. Just then I caught a glimpse of him through the tiny window at the feet of my passenger door (on Kenworths) and saw him. I was closing off the end of the ramp so the only option was for him to hit the brakes. I figured if I slowed down, crash was imminent, so I maintained speed and sounded the air horn. He kept coming and crashed into my right side. I then hit the brakes and his forward momentum carried him to the front of my tractor where he got stuck, driver side door to my grill, as I pushed him down the highway a couple hundred feet sideways. He eventually spun off to the left and into the median and I got stopped another couple hundred feet down the road.

    Swift charged me with a preventable crash, even though the other guy, who was uninsured, was charged with failure to merge. He admitted to state trooper that he never saw me right in front of him.

    So, I made an appeal, written up nicely with diagrams, photos, trooper statements, etc, and lost the appeal. I was told that the reason was that I didn't slow down. They wanted to see me slow down to lessen the energy of the impact - to mitigate the crash.

    Well, there are so many things wrong with that. If that's their criteria, then it should be called a mitgatable crash, not a preventable. It is also the exact opposite of what they train us to do. They also have their physics backward. Slowing down would would increase the closing speed and therefor increase the energy of the impact. To lessen the energy of the impact, I would have to speed up.

    Anyway, I had stated in my appeal that if i had slowed down and the crash still happened, I suspected they would still charge me with a preventable, claiming I should have maintained my speed, which brings me to my original post and is why I'm looking for anyone out there that has been charged with a preventable on the basis that they did not maintain their speed.

    Thanks for listening and for your help guys.
    Cheers,
    Maggie
     
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  4. Scarface1978

    Scarface1978 Light Load Member

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    61
    Aug 26, 2012
    Granite City IL
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    What was he blind he didn't see you dam 4wheeelers probally playing on his phone dummy.

    ya that sucks for you sounds like you may need to adjust your mirror you should have any blind spots if your mirrors are adjusted right.

    sounds like the guy was looking for a payday a lot of these exspect us to stop on the interstate to let them in if they where charged with a ticket I would call Phoenix and your safety person that gave preventable I would fight it tell them you will get a lawyer and sue them if they won't remove it preventables really hurt our DAC.

    good luck to ya
     
  5. 3dayhaul

    3dayhaul Bobtail Member

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    Mar 29, 2013
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    I'm assuming you have a copy of the police report, did it clearly say it's the other guys fault?

    I don't know of a person in that exact type of scenario, but I did talk to a swift driver and he told me somebody ran into his right door when he was making a left turn. It was a 35 mph zone and the police estimated 4 wheeler to be going over 60 mph. The trooper wrote him a ticket for making an improper turn. Swift got him an attorney to fight the ticket. He won and the ticket was dismissed, but Swift still charged him with a preventable.

    Just curious, who is in charge of the appeal process at swift and make the final determination, is it their own people or third party?
     
  6. lucky07

    lucky07 Light Load Member

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    Jan 15, 2012
    Ottawa, ON
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    Been through that exact same situation in my personal vehicle. Ended up going to court and having the fine removed but the improper turn stayed and cost me in insurance for the next 6 years. It's BS but there's not much you can do about it.
     
  7. Sheriff1/6

    Sheriff1/6 Medium Load Member

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    Oct 16, 2012
    Boise, ID
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    I just sent you a PM
     
  8. CondoCruiser

    CondoCruiser The Legend

    19,726
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    Apr 18, 2010
    Tennessee
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    There really isn't rules anymore on merging traffic. Many states have taken down their yields signs. I don't see it any different than changing lanes. Clearly the idiot was at fault as he didn't pay attention to traffic. How do you miss an 18 wheeler beside you? That really is a Homer moment, doh!

    You can try to help someone without going to the extremes. Braking hard could catch someone off guard behind you. I don't think you should of been punished.

    Try scanning better/farther for hazards. You should of noticed that 4 wheeler turn on to the ramp and been anticipating from that point. Then you can make minor adjustments, make a lane change ahead of time or at least put your signal on and hopefully the 4 wheelers will make room for you. The farther you scan the more time you have to plan, react and avoid. Sometimes you can look at a driver and their actions and know if they are paying attention or what they are going to do. Like changing lanes without signalling. You can see it unfold. Or on a two lane they tend to slow down before signalling to turn. But work on watching traffic turn on to a ramp and where they are when you get there. That'll help you a lot.

    I have a IL CDL manual beside me. This is all they say about merging traffic...

    That's kind of vague when they should mention who has the right of way and yielding.
     
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  9. silenteagle

    silenteagle Road Train Member

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    Oct 23, 2011
    Ozark, MO
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    I did not see the driver say that he was charged with anything by the officer that worked the accident. If this is the case, the driver will have no points recorded for CSA and the accident report should show this. SWIFT can report whatever they want to DAC or whoever, but it will be removed once DAC or whoever receive the police report showing that the driver was not cited for any violation.
     
  10. scratbandit

    scratbandit Light Load Member

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    Nov 18, 2012
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    If you have legal defender from your qualcomm you should be covered. They do win 90 percent of cases. You don't even have to show up to court when they take swift to court. :biggrin_2556:-D
     
    inkeper Thanks this.
  11. O.Henry

    O.Henry Road Train Member

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    San Antonio,TX.
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    If the sign reads "Lane ends merge left" and I am in the left lane,and a car is on my right.I decide they will figure it out,and maintain my speed until they find themselves hitting there brakes on the shoulder,cause they ran out of lane.What if they dont figure it out,and you end up knocking them off the road,who is at fault?
     
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