Post Accident Question

Discussion in 'Trucking Industry Regulations' started by BoazTrucker, Apr 18, 2014.

  1. BoazTrucker

    BoazTrucker Light Load Member

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    May 3, 2013
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    i need to remove this post.
     
    Last edited: Apr 18, 2014
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  3. STexan

    STexan Road Train Member

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    Longview, TX
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    To what end? What would you be claiming? Mental anguish? Let it go if the insurance and processes worked correctly. Not your personal loss but if you wish to proceed, know that your carrier is going to get subpoenaed for a lot of records and they probably aren't going to appreciate all the spotlight being back on them when they have already put it behind them, and I doubt any judge would let that case proceed forward.
     
  4. K9OTR

    K9OTR Light Load Member

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    Rochester, NY
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    So you were not injured, and suffered no personal property loss and want to sue this woman? Maybe lost wages, but I have a feeling your time in court wouldn't be worth what you might gain due to lost wages while the company tractor was replaced/repaired.

    What are you trying to recover? That would determine whether or not a law suit is viable.
     
  5. LandShark

    LandShark Road Train Member

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    Riverdale, Ga
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    Did you leave the scene of the accident in an ambulance. If not you dont have a suit. Lol trying to get rich quick.
     
  6. K9OTR

    K9OTR Light Load Member

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    Rochester, NY
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    Given this industry is already ripe with litigation, suing over nothing is not beneficial to anyone other than the attorneys. Court cases are decided based on precedent, they also set new precedent. That said the more of these cases that make it to court the more opportunity there is for others to do the same. The more these BS cases are getting into court just paves the way to further the endless cycle of lawsuits. If you feel you are owed something, speak to her insurance company first they are the ones obligated to pay.

    I'm not a lawyer, I cannot provide legal advice. I have however worked in the legal industry for 9 years and can say the only real winners are the lawyers.
     
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  7. Dr_Fandango44

    Dr_Fandango44 Road Train Member

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    Austin, TX
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    I would be more concerned about the probability that this accident is going to end up on your CSA. You might want to dig up your history and score to see what impact it has on your driving.
    I believe you will receive points for this despite the fact it's not your fault, apparently.
    A driver friend of mine went through a similar scenario and it wasn't his fault too, but he got points on his CSA because of it. But that's the way the FMCSA dept works. Not fair but it's something to ponder
    good luck
     
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  8. Sublime

    Sublime Road Train Member

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    Twin Cities, MN
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    Be happy you weren't injured and walk away. Let it go.

    At this point all accidents go on CSA, whether or not you were at fault. That could change in the future but for now there's nothing you can do about it.
     
  9. BoazTrucker

    BoazTrucker Light Load Member

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    May 3, 2013
    Northeast Alabama
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    yes, there was no personal property damage, i am paid hourly, but was not paid for the five hours it took to get a wrecker out there or another piece of equipment, im not looking to get rich or make alot of money out of this, but what it did do was cost me my time, it will affect my CSA/DMV/PSP reports and even though i have a police report to show that it was not my fault, it can tarnish me from getting another job possibly down the road..so do I think I am entitled to something, yes, yes I do. Because of her stupid mistakes and a decision to get behind the wheel i have to live with her actions for at least five years...
     
  10. 77smartin

    77smartin Road Train Member

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    I dunno.
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    Did you ask your company to pay you for that time?
     
  11. eeb

    eeb Heavy Load Member

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    #### happens. Let it go. Keep your nose clean and it'll be a minor issue that goes away after five years. Sure you can try to sue... and waste more of your precious time. But hey, the legal system's clogged up enough as it is, this cluster probably won't make much difference.
     
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