Abandonment?!
Discussion in 'Questions From New Drivers' started by sletney2009, Jan 8, 2017.
Page 4 of 4
-
-
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
-
Thank you all for the info. My husband will be talking to a lawyer in the morning about what further actions to take. He contacted his old dispatcher again yesterday and they said he would not be getting paid or compensated in anyway to do this the only issue they have is the trailer is on a dedicated account but he picked it up from the same place he returned it. He can't find anything specific about it in the book. So he did not take the chance of going to move the truck off of their property for any reason. He also hasn't been contacted any further but after he speaks to a lawyer he is going to see if contacting a higher manager can clear things up a bit. Will keep you all updated!
-
He was not under a load the load was delivered the day it was suppose to be and the truck and trailer were delivered back to the terminal. They want him to drop the trailer at the DC and his crates and rollers then bring the truck back to the terminal. He picked the trailer up at the terminal though along with the crates and rollers assigned to him.Bakari742 Thanks this.
-
I'm sorry I was unclear (I'm not the trucker here lol). Ok so he got his home load it delivered in South Texas. He delivered the load as directed! His truck and trailer were empty he came home did his 34 hour reset and Saturday is when we drove up there. His weekday dispatch told him to drop it at terminal and those were the extent of the directions so when we arrived at terminal he explained the entire situation to the woman in the office. The reason they have locks is because they have rollers crates and load locks assigned to them that they will be charged for if they go missing. She said they had no extra locks to put on the trailer so park it and they would take care of it (Put it out of service until everything is inventoried) He did as instructed parked the truck we stopped back by the guard shack told them where it was gave her the keys and left and drove home. Everything seemed fine until his weekday dispatcher contacted him again. He has checked the information given to him and there is nothing really in it about abandonment or what to do when you quit so to the best of our knowledge he did everything like he was suppose to made sure they knew where the truck was. He took pictures of it of the parking spot number and everything. We will be contacting the lawyer tomorrow again sorry for the confusion!Toomanybikes and G13Tomcat Thank this.
-
This right there avoided any abandonment liability. The guard, acting as a representative of the company, received the keys & there by took possession of the property (vehicle).G13Tomcat Thanks this.
-
it has nothing to do with the load, it has to do with the property. The driver is in charge of that property and has a liability of making sure it is secured until they are relieved of that duty, they can't just drop it off and then say "oh well, it isn't my problem". The reason for the regulations are about who is responsible and who isn't.
-
I have to agree with this one here. Nailed it!
-
I understand; I am just trying to help. Often times these issues will be even unclear to someone who is a trucker.
OK. That is very important to say when you describe this situation to anyone. Both you and your husband have to be clear on that. It may sound like a matter of fact detail, but is very important in trucking that the trucking company, and therefore the driver, is responsible for a load that he agrees too.
You may think that delivering the load would be a given, but drivers all the time come up to the day they are going to leave the company and let the truck sit right where it is, with the load still in it. Often times, that truck with the load will be sitting in route somewhere between the consignee and their home; they think since they are no longer with the company they are no longer responsible for the load, which is only the case when other arrangements are made. That is the situation were abandonment claims originally started. So you have to be clear on that.
OK how you want to express this is, "he (you husband) parked the unladen truck as directed by dispatch in a secure company terminal. " You will want to be simple and clear about this because is a the heart of their allegations.
Here is the situation. The woman in the office, weekend dispatch, is nothing but paper weight for those in the office that make decisions, and those decision makers often live charmed lives and never work weekends. Just so you know, her primary job is to lie to customers when loads are late. How she handles this situation is anybodies guess. Chances are if she should have noted something about the driver showing up and turning the truck, she didn't do it. If their is some ### covering need by anybody in the office, she will do it. So, just for future reference turning in a truck on the weekend bad for just that reason.
Yes, the lock is confusing the situation. Some drivers that abandon a truck and a load will insist their is no real issue with their actions because the trailer is locked.
Really the lock is either here nor there for your story at this point. The chances of another drivers stealing load locks or rollers from company truck on company property are slim. If it was a concern, their are a dozen different ways they could secure that trailer without a lock. The lock issue is on them.
This information should be relayed as: "Truck, trailer, load locks, rollers and all other supplies were turned in the same condition received at the direction of the the woman in charge at the time." If she didn't have a lock and that was the company directive; her problem.
. Yes. very important.
Let me tell you why weekday dispatch is upset so you and other drivers can understand this situation. This appears that was a dedicated trailer for a dedicated account and is only loaded up at that dedicated customer. So now, that dispatcher has to have a deadhead load created to move that trailer back to the customer. It is really that simple and petty. It is less effort then both of us have put into this situation. But, now he has to find a bobtail truck at the terminal some time this week to run this trailer over to the customer. This will add 100 or so deadhead miles to the planners stats. That will make the planner look slightly worse until he backs those miles out of the computer and dumps them on the driver as out-of-route miles. The driver taking the trailer back will likely go unpaid and non of this will really cost the company anything. So really it is a minimal inconvenience and some chicken-#### spite that had this dispatcher make his false allegations. Kind of typical.
My guess this allegation is just an empty threat and dispatch is getting their kicks trying to get a truck driver to jump through some hoops on their command. Again, pretty common BS.
Having a lawyer send a certified letter will cost you a least a couple of hundred if you already have a good lawyer you work with - more if you don't. I myself, would consider this an empty threat and take it up the food chain in the company long before I hire a lawyer. You will find most of these dispatcher are nothing but BS artists and most of the time back down when challenged.
If not, you still have the lawyer option available in the near future. If the job he is going to dismiss him because of it, you have a real case and need for a lawyer, but as of yet I would save my money and review my DAC in six weeks before hiring a lawyer. But it is an option available to do now.Last edited: Jan 10, 2017
sletney2009, Ooops and G13Tomcat Thank this.
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
Page 4 of 4
