accident and termination

Discussion in 'Questions From New Drivers' started by Truckers Wife Cheryl, Feb 16, 2009.

  1. Truckers Wife Cheryl

    Truckers Wife Cheryl Bobtail Member

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    Feb 16, 2009
    North Port Fl
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    My husband has been driving OTR for 10 months. Two weeks ago while in NJ he was cut off by a car. Instead off hitting the car my husband swerved and hit a light pole. The damage was minimal and the officer said he would not be cited. Last week he recieved a certified letter with 2 citations from the police but a different officer wrote the ticket. His company terminated him and now because of the accident and being fired no one wants to hire him. Any suggestions?? We have a family and we were going to be closing on our house but with no job that means no mortgage.
     
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  3. TruckrsWife

    TruckrsWife Significant Otter

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    Hi TWC, I'm sorry this has happened to you. Can you tell me, the officer who wrote the ticket, was he present at the scene? What were the two citations for? Did he tell the company about the accident? And what did they say they terminated him for? You or your husband will want to submit a request for his DAC report. You can request one free report per year. Search the site here for more info on it. Sorry to ask all these questions, but more info is needed to try and help you possibly resolve this problem.
     
  4. Truckers Wife Cheryl

    Truckers Wife Cheryl Bobtail Member

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    Feb 16, 2009
    North Port Fl
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    The offiice at the scene was not the one to write the ticket. Te citation was careless driving and failure to stay in lane. He immediately told the company about the accident and when the ticket came in the mail (he was on home time) called safety right away and went to Lakeland to discuss it and that is when he was terminated for having two tickets. We hired an atty in Nj and he says he will get these tickets reduced. This is just crazy that we are in this position. He has had a class B and drove busses and box trucks for the past 15 years with no record , no accidents. Thanks for your help.
     
  5. TruckrsWife

    TruckrsWife Significant Otter

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    Now this is just my opinion, but you might want to find an attorney that deals specifically with truckers issues if you haven't already. Your husband got the one ticket for not maintaining his lane, but I'm not sure about the "careless driving". Was he on the highway or surface streets? How long after the incident was the date on the ticket? Your lawyer should be able to get it reduced. I don't see how in the world an officer who wasn't "on scene" could possibly write up a ticket, but this is NJ and they aren't exactly known to be above board. It will more than likely be on his DAC, so you need to request a copy of this, it lists any accidents preventable and non-preventable. This is about all I can say. Again, I'm sorry that this happened to you and hope things turn out for the better. Fight the tickets because this can prevent your husband from finding employment with any reputable company. The careless driving ticket still makes me wonder, not that I'm saying your husband was or wasn't at fault, I just don't know.
     
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  6. Haulin

    Haulin Bobtail Member

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    Feb 9, 2009
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    Hi I am new to these boards but I feel I can help you out a bit with this. I was born and raised in NJ, and had the same situation as your husband. I drove a box truck in Jersey for 11 years. I had an accident with my pick up truck, and was not cited on the scene. If there is property damage they can issue a citation later on. I aggree its complete b.s. but they do. I recieved a careless driving. Let the lawyer go to court more than likely he will get the failure to maintain lane thrown out and have the careless knocked down to an unsafe operation violation, which is a no point ticket but he will pay a considerable fine of at least $250 plus court costs. I also would not think he would have to tell any future employers that he had gotten a careless driving if he has not been convicted of this yet. If the lawyer gets it down to unsafe operation that is what will go on his MVR.
     
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  7. GasHauler

    GasHauler Master FMCSA Interpreter

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    From what I've seen in the local courts anyone in NJ can reduce a traffic ticket by pleading guilty and taking half of what the tickets says. You'd be a whole lot better if you have a lawyer that knows CMV's. Otherwise, they're just taking your money and doing what anyone could do.
     
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  8. DannyB

    DannyB Medium Load Member

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    Jackson Mi
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    In NJ they can write a ticket based on hearsay and make it stick??????
    Am I the only person that smells conspiracy and racketeering here?
    Yet another good reason to ban all trucks from crossing into that state. Let 'em starve and go cold until they wake up!
     
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  9. Wrabbit2000

    Wrabbit2000 Bobtail Member

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    Feb 17, 2009
    Springfield, Mo
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    I'd suggest Interstate Trucker... They have worked a half dozen cases for me over 14 years and I've never lost one. It's been dismissed or knocked to a non-moving. It usually costs twice the original fine or more plus attorney fees...but what's your career worth? We have the best justice system money can buy, even at these low levels of violations.

    Another note... Interstate has been honest enough to tell me up front in two other cases they had a bad record in that court, and it wasn't worth fighting. It's likely why they have a perfect record in my cases. It beats getting ripped by an attorney that says they can and then fails.
     
  10. im6under

    im6under Heavy Load Member

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    Feb 13, 2007
    iowa
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    for future reference...

    next time hit the ###### car!!!!!!!!!!!!!!!!!!

    You aren't charged with careless, loss of control, or rear ending another vehicle if it loses control and swerves into your lane leaving you no where to go.

    This was a fine point made to me by my ptdi instructors and also my trainer when starting out at my first company.

    following too closely and hitting someone is YOUR fault !!!

    Some idiot pulling into your lane under heavy breaking or into your lane while trying to out accelerate you and getting tagged in the process is all THEIR fault.

    If you don't guard your position (lane) and try to avoid them by swerving you have agreed in concept that it was their lane and you had to take evasive action. and when you run off in the ditch and roll... it is all your baby....

    btw... your getting charged with a preventable in virtually all scenario's but you might not get fired and even if you do, you are still rehireable elsewhere.


    also fight those tickets toothe and nail !!!
     
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