Failure to control ticket in company CMV on icy roads?

Discussion in 'Experienced Truckers' Advice' started by Marky84, May 8, 2019.

  1. Marky84

    Marky84 Heavy Load Member

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    Hey all. Back in February I got a ticket for Failure to control vehicle. Was in company owned CMV. What happened was, it was night time, it had snowed during the day, but the roads looked ok, not snow covered, i wasnt sliding, skidding, etc. I started to pass a car going REALLY slow. I was under the speed limit. Like I said, the roads were fine. But suddenly, it was like I hit the county line or something, because it went from plowed, to not plowed at all. Lost traction, got sucked into the ditch. Got the ticket, and got pulled out. Screwed up the (freightliner's) plastic bumper, tore a chunk off, but that was it. I had a lawyer look into it, and he said they were only willing to take 30$ off the ticket. I think I shouldnt have gotten it, because it wasnt my fault. If the plows had done their job, it wouldnt have happened. Ive passed tons of vehicles before, and nothing has happened. I had no reason to expect that the road would suddenly not be plowed. The lawyer seems to think its BS as well. Any advice?
     
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  3. buddyd157

    buddyd157 Road Train Member

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    first, you cannot blame the county/town/city for the roads. they most likely had been out there, doing their job and the roads got covered again.

    i have seen the major highways here in MA, that get plowed but they cannot keep up with the snow fall and the amount of plow trucks, and MILES of roads they have

    it was still YOUR responsibility to driver properly.

    to "not expect that the road would not be plowed", is 1000% your fault for thinking that.

    you decided to drive on THAT road, at THAT time, no one made you do it.

    lawyer will say anything to make you feel better, after all, you are paying him.

    you might be lucky, if you still have your job...did you tell your boss, it was all the plowman's fault..???
     
    Last edited: May 9, 2019
  4. Moosetek13

    Moosetek13 Road Train Member

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    Instead of denying responsibility you should be learning from your mistake.
     
  5. bryan21384

    bryan21384 Road Train Member

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    You said it was snowing right? So when that white stuff falls, you should automatically be cautious. It was totally your fault. You were going too fast. For those conditions. People seem to think it doesn't get slick when it snows. You may or may not have been going under the speed limit, it doesn't matter. It was too fast. That's why you lost control. All you can do is chalk it up to the game, pay that fine, and do better next time. Dont forget to pay that lawyer. He doesn't really think its BS. He represents you so that's his job to tell you what makes feel not so bad.
     
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  6. Chinatown

    Chinatown Road Train Member

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    Were you fired?
     
  7. Marky84

    Marky84 Heavy Load Member

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    Jefferson, WI
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    No, I wasnt fired. But Im hoping to move to FL by winter, but I would have to change jobs. Im concerned what would happen if this stays on my record.
     
  8. buddyd157

    buddyd157 Road Train Member

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    a tow truck was called, it is considered an accident by the company's, not neccesarily thru the DMV...

    this will stay on that employers file forever, or until they go out of business. they WILL inform potential employers if asked, about any accidents or incidents.

    however, there WILL be a DMV record of this, depending on the amount of damage you did to the ground, and surrounding area, and of course, the "failure to maintain control" ticket.

    best to check your DMV record
     
    Last edited: May 8, 2019
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  9. Chinatown

    Chinatown Road Train Member

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    There's companies in Florida that will hire you or companies all over the place that hire Florida drivers.
     
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  10. x1Heavy

    x1Heavy Road Train Member

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    You were on it. Mother Nature can bury snow covering a whole state worth of roads making a thousand plows like ants moving tiny amounts which are reburied in a few hours.

    The traction went away because you were too fast and gravity put you into the ditch. And thats that.

    Keep in mind some Plow people sit and wait until a storm is over before going out. If they have any at all. Around here we have precious little. But no worry, just a day of sunshine and that dry wind behind the front dries it off in no time. Add a foot of snow overnight to morning, sun comes out and all gone by dinner. I don't have to scrape the vehicles or nothing.

    If the traction is not there or the storm is too strong locally, I'll hole up somewhere and wait a while. alot better than losing the whole thing off a mountain or going into a ditch or worse. I have in my time made one trip on pure ice on US 79 in Alabama/Miss to Memphis where each bridge the side rail held the jack knifing trailer on the road while I dragged it. The other cars were a problem until they learned fast to stay away. A day of jackknifing and rubbing. Boss man does not know about that. Yet. But I got it through. But it was not a good trip at all.

    You will learn from this and get better next time. IF not? We cannot help you.
     
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  11. Marky84

    Marky84 Heavy Load Member

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    So its not a big deal if it stays on my record?
     
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