I had a perfect record...until yesterday.

Discussion in 'Trucking Accidents' started by bennythejew, May 20, 2009.

  1. bennythejew

    bennythejew Bobtail Member

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    I was pulling out of my company's yard. Our entrance is right between two blind areas: a dip and a hill, both hide oncoming vehicles.
    Let me first say that I've had my CDL for two years with no accidents. I am pretty much the world's most boring driver. I never talk on my phone, play with the radio, I always stop at stop signs, drive the speed limit, what have you.
    Our entrance is not on a very busy street. It's pretty rural. I stopped at the entrance, looked left (the direction I was going to turn), looked right and saw no one. I looked left again and started my turn. At this point, due to the blind hill to the right, I always give another glance to the right just to see if a vehicle starts to come over the hill, in case I need to hit the brakes. I then looked back to my left and saw the red truck coming out of the low spot. I was only just starting to move, so I was only in first gear, going 1 or 2 mph. I stopped, but being half loaded (tanker) I didn't stop on a dime. I was blocking the east-bound lane (the lane I had to cross), but the west-bound lane was clear. The truck then veers towards me instead of the clear lane and runs into the forward rear axle of my tractor. After that I did everything by the books (check the driver, call EMS and dispatch, put out triangles and stay put). No serious injuries.

    I did the drug and alcohol test, of course I'm clean, I don't touch either. I'm going back to get pictures of the road from a truck driver's point-of-view and I'm going to record someone going various speeds up to the speed limit (65 mph) through the dip in order to time how long they are out of view (i don't know how fast the driver was going). I will also get statements from other drivers who have pulled out in front of vehicles at the entrance because it happens a lot (pulling out, not necessarily wrecks). I got a $200 ticket for "Failure to yield right of way - turn left." I stopped at the stop sign and did everything by the books and I feel that the ticket is wrong, so I am going to talk to a lawyer to see if I can maybe fight the charge.

    I'm not one of those "why me" people, but I have ridden with other drivers who talk on the phone, play with the radio, and even freaking TEXT while driving! It's just a bummer that I pay attention a get into an accident and these guys never have anything happen. This all happened the day before I was going to drive all the way to San Antonio to job hunt and, being fairly new (2 yrs. exp), I was counting on my perfect record to help me. Funny old world, ain't it?

    Anyway, is there anything else I should do? In this economy, am I pretty much screwed out of being hired by another company?
     
    FriedTater Thanks this.
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  3. FriedTater

    FriedTater Keeper of The Snakes

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    Suck it up and WELCOME TO THE REAL WORLD !!
    All is not lost you will live past this day like any other.
    Your planned attempt at Justification will not work.
    CDL Citations now a days come at face value and your MVR will reflect it for no less then 3 years.

    I dont care what State your in,you will not Win.
    Not even the TVC Driver scam can bail you out.

    Go and look for that other job like you would any other,be up front and fill out the application like any other.
    Many Companies allow at least one infraction and there is actually no differentiation between an accident or speeding when it comes to Trucking Companies and their Insurance Carrier. Their both viewed as an infraction and nothing more.
    The exception would be for DUI or Fatality .
    Dont let these forum keyboard truckers scare you into believing anything that isn't true.Their good at posting isolated instances from their desk-top PC's
     
  4. bennythejew

    bennythejew Bobtail Member

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    I appreciate it, Fried. Kinda needed that. I went back to the yard today, I wasn't fired. I looked from my truck down the road into the low spot. I could see into it perfectly. I can't see into it from my car, but from a big truck, no cars are hidden. I convinced myself that's what happened, it's almost like I remember it that way, but the truth is, I looked and still didn't see that truck and I should have. I'm serious when I say I'm a boring driver, but I let my guard down for one second and *bam*. So, It happened, now all that's left is what comes next.
     
  5. Big Don

    Big Don "Old Fart"

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    Well, this seems like one of those instances where "excrement occurs." As FT said, suck it up and get on with your life.

    However, be prepared for the lawsuit that WILL follow. You probably won't be hurt by it too much, as your company's insurance will probably just pay it off.

    It certainly does not hurt to do your recon thing here. Document what you come up with, and hang onto those notes! You might need them in the lawsuit. Even if you never need the notes, going back over the situation could ease your mind that you did all you could, or in the alternative, show you if you could have done something else.

    Learn from it, but don't dwell on it. Much worse things could have happened.
     
  6. otherhalftw

    otherhalftw R.I.P.

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    Never just throw in the towel...don't waste money on a lawyer, print your first post, type up a letter of explanation, and with your pictures in hand, go to court, if nothing else ask for a reduced infraction.

    Get pictures of every perspective! East direction, west direction, across the street direction. Are there any warning signS on the road approaching the yard gate informing other vehicles of trucks entering the roadway. You might be able to twist this accident to fault of the DOT in your county, if the roadway danger is not clearly posted in advance. At 65 mph (if that is the limit there) advance warning is required by federal law.

    DON'T JUST GIVE UP....HAVE YOUR DAY IN COURT...AND BE PREPARED !!!!!!
     
  7. GAPrincess

    GAPrincess Road Train Member

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    How the heck do you not see a tanker truck? :biggrin_2554:
     
  8. relic1228

    relic1228 Light Load Member

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    Back in my gas hauling days I had a delivery at a station next to a liquor store. These to businesses had a shared driveway that I had to back down to get into position to make my drop. Once into position it is about 50ft from my front bumper to the wall of the liquor store. Well I watch two young guys park their car, and go in and buy a case of beer. They come out and prmptly back into my tractor. Go figure.
     
    GAPrincess Thanks this.
  9. Mastertech

    Mastertech Staff Leader / Admin Staff Member Administrator

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    Probably by texting or talking on the cell phone...:biggrin_25525:
     
    GAPrincess Thanks this.
  10. poppy

    poppy "I Love that Cushaw Pie"

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    almost hate to say it but, could have been worse. you could have been the other guy, that someone pulled out in front of. i would say nobody had a good day.
     
  11. Passin Thru

    Passin Thru Road Train Member

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    If the other driver crossed the line and hit you, you can sue his butt. I'd try to pin it all on him anyway because if you get a liar, I mean a lawyer, thats what they do. My wife say's she could'nt be a lawyer because she does'nt lie. You have proof he swerved into you anyway. Good luck mate.
     
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