involved in accident what is my coarse of action now

Document all the medical stuff even if nothing seems wrong. Whether or not you win the case, workman's comp should cover it. It sounds like you may have suffered a concussion. We have a crazy country when people have to be afraid to seek medical care because it may bankrupt them. I have been there too. Good luck, and don't give up on your case. If the speed limit signs are incorrect or confusing, that is a big lawsuit in itself. If you can, go back to the scene and take tons more photographs before they correct it.

 

What tow company was utilized? Is the equipment still there to your knowledge?
It will be challenging to get the company that maintains your truck to publicly (written record) admit that they were providing unsafe equipment...do fight the ticket. Worst can happen is they keep it the same. Some here are under the impression that a ticket for driving too fast for conditions has something to do with the speed limit: if you are going 25mph in a 65 mph speed zone that's icy and you crash: "driving too fast for conditions" means exactly that. Speed limit is the top out speed they see, but if "conditions" aren't ideal you're sposed to adjust your speed to meet what's safe on the road in terms of condition.
always take photo evidence of faulty equipment. Always. Text to vehicle maintenance and/or safety department before operating: they can't claim ignorance of equipment condition if you have a record of them receiving pictures of it.

 

You know your company better than I do, but don't be too quick to assume going to see their doctor means they're letting you go. What they are doing is standard practice even in the case of a non-preventable that resulted in an injury to the driver. If you're hurt at work you're going to see their doctor regardless of their plans.

 

You know your company better than I do, but don't be too quick to assume going to see their doctor means they're letting you go. What they are doing is standard practice even in the case of a non-preventable that resulted in an injury to the driver. If you're hurt at work you're going to see their doctor regardless of their plans.

 

As long as you were employed at the time of the accident and can prove it. Workers comp should still cover you for your injuries.
Not sure about the unemployment issue, only ever collected unemployment 1 time in my life for like 2 weeks, (laid off due to work shortage with promise of rehire) after 2 weeks, I just went out and found another job in a different field of work until work picked back up at the original job.

 

Until this is cleared up, you have to be SUPER defensive. What is the drawback? My brother was on a motorcycle and blindsided by a car. The other driver's insurance company even called him and acted very casual on the phone but tried to trick him into saying things that could be used against him. Please think defensively. I would tell the doctor that I was still extremely shaken up ( be sure to mention the headaches and vomiting). That stuff is all true and needs to be monitored. Please don't let them take advantage of you.

 

Alright, amigo, I'm not posting to kick you while you are down or be a prick. I am just going to try to post to help other drivers.

This driver tried to secure his trailer air lines with a ziptie. A flatbedder would have used a bungee cord. It will work just like the spring and is much stronger than the average ziptie. Get 2 or 3 and put them across the frame of your truck behind the sleeper. You never know when you will need them.

OP, if I were you, I would go back to the truck to inspect it myself...especially if the front end didnt get smashed. Take as many pics as you can for your records, in particularly pics of the front suspension, like the front leaf springs, and the steering arms, pitman arm, steering box and the shocks. There is a reason why the inspection guidelines mentions them. If there IS a defect, they can aid in your losing control. I had a 3 axle alignment done once, got in the truck and drove. She ran fine...until i hit 60. Suddenly, without warning, the steering wheel would cut left or right. I couldnt keep the truck in one lane. Went to another alignment shop and they noticed that both my steers were toed outwards at the front. It was as if the steers were battling each other for supremacy. Of course, I called the manager at the bad shop...

Anyways, after the accident, did you see the trailer airlines? Were they ripped? How about the trailer suspension? See, I had a trailer airline get ripped and it locked the trailer wheels. When the trailer wheels locked, it pulled hard against my tractor and smoke started spewing off the wheels. But the trailer did not go sideways. Another thing...if the lines rip, the trailer brakes instantly lock. The alarm will not sound until the air pressure drops too low. The valve popping off may have been the way the system is supposed to act if an air line gets ripped.

I believe that it wasnt one thing that caused the accident, but multiple problems. You need a good knowledgeable lawyer that knows the CMV laws like the back of his hand, because you're in a bind. If the company is liable, sue like hell. If it's on you for knowingly driving defective equipment, do what you can to worsen the blow as much as you can. Make absolutely sure that there isnt a statute like this on the books already. The average liar, I mean lawyer wont know. But the lawyer that normally backs the trucking companies against driver lawsuits will know. He wont say anything until he gets to court and blows everyones' minds.

There are quite a few slick lawyers out and about, but not many that know all the CMV laws on the books. Check with OOIDA and see who they reccommend.

 

This is good advice.

Anytime you are in a legal situation you deserve to give yourself the same level of defense/offense (sometimes offense IS defense) as the company who luckily is the only other party that matters here.

I doubt you'll get out of the ticket, but that isn't the only issue here.... there are many others.... you are not trained to know every pitfall there is in this situation, or how to avoid them.

Most lawyers will give you a one hour free consultation to discuss your case before you decide what to do.... take advantage of that and see a couple three.... think of them as interviews for your hiring of the lawyer.... you're interviewing the lawyer, as much as telling him what the case is about.

It will cost money, but it can save you unknown expense, loss of income etc... you don't know what the costs may total at this time... its a good investment to make.

After you hire a lawyer, all questions and requests go to him/her to decide what you do next.... I guarantee you your company has a lawyer working for their side deciding what their next move will be.... you need the same.

OOIDA is a good resource to find an attorney that will be familiar with CMV issues.... another place to look is called Martindale-Hubble.... its owned by Lexis Nexis... its the book(s) (now database) that lwyers use to look up other lawyers to find their area of practice. Any law library will have a copy of the books.... you may be able to use it online.

Most of the online lawyer search tools are just advertising.... the lawyer pays so much for a referral generated by the click through..... Martindale-Hubble lists everything from the education, area of practice, past cases etc. OOIDA already has an assembled list so start there.

The bottom line is... you are involved in a legal situation where thousands of dollars, and you employment and benefits are at risk.... you need legal advice.

 

You always fight things to protect your CDL. You figuring gas to court versus a ticket is not looking at the whole picture. When you look at future income it's worth spending money on an attorney.

Don't let it get you down. Many companies will hire a driver with 1 or 2 accidents. It's not the end of the world if they terminate you. Just don't go down without a fight.

I haven't read the whole thread, it's easier to type. If you have hospital bills you are covered under workers comp. If your company fails to file your state workers comp board will force them to file a claim without retribution. If you can't work besides workers comp you are protected under the FMLA and they can't touch you for 3 months. FMLA leaves the doors open for returning to employment. But if they have their mind made up they will get their way eventually. Before filing unemployment weigh out your situation because when you file unemployment you certify you are able, willing and looking for work. If you are still on workers comp they still have to pay you if they terminate you. Only a doctor can release you from workers comp.

The road probably got your line. When a spring breaks I'll stretch it back out to length and make a new loop where it broke and hang it back up. Usually that is good enough to get you back to a shop. If you were dragging lines a thorough inspection is needed. Air lines are double shielded. You have to break through the second layer which is usually white in color. If that layer is damaged then you risk the line bursting.