Accident

Discussion in 'Questions From New Drivers' started by atlas_D, May 19, 2011.

  1. atlas_D

    atlas_D Bobtail Member

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    May 19, 2011
    CB, Iowa
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    Few days after submiting applications for the mega carriers a few weeks after starting trucking school, I had myself a little accident in my car. Took a left turn at an intersection, supposedly in front of a minivan, and got hit. I'm thinking she might have actually been turning left, then hit me after I had cleared the intersection - but anyway, how it will read is that I failed to yield. Besides this I've had a scott clean record for the last 4 years. Also been driving a smaller CMV for the last year.

    I got a preapproved at a company and leave out sooner-than-later for orientation.

    They have pulled my MVR, it appeared clean. Even right now the accident and infraction it is not yet showing as the court date hasn't happened.

    What I'm wondering is what is going to happen down the line? Are they going to find out at orientation? Will they have me refill an application at orientation? Should I plan on being fired in a few months when they pull the new Mvr?

    I don't want to lie, and don't feel like I've lied yet - as I answered the questions honestly on the application. But if I can get a 6 months/1 year in before they find out and (&*#% can me - can't imagine it would be a bad idea.

    I'm on a pretty good job right now, which I plan to keep on the side while otr. They have a 3 accidents in 3 year policy, so I don't have to worry about being fired from them.

    Is it likely that I will get in an accident within my first year of otr trucking?
     
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  3. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    May 7, 2011
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    You've done that. You were hired. Congratulations.

    Key words here is "preceding the date the application is submitted." Your wreck happened after you submitted the application, so you're still doing OK. You didn't lie on any application, since the wreck occurred after it was submitted.

    Note, this must be done AT LEAST once per year. Some do this for every driver all at the same time...others stagger it according to hire date. Typically, it will be done around the anniversary of your hiring, or at the end of any probationary period after initial hire and then each year after that, but that varies from company to company. Other companies exceed the bare minimum and run these checks MORE than once per year....in other words, there is no hiding a conviction.

    In other words, not only are they going to check what the state says about your MVR, they want YOU to fess up to whatever it was you think might be on there, too. Again, this is only convictions...so if your crash is still in the court system when they want you to fill out the form, you have not yet been convicted.

    That one there is the biggie...but even then, it is AFTER the date of conviction. In other words, there is no reason...especially for an incident in a personal vehicle....to say anything to anyone at the company until such time as the court proceedings have been completed and you are stuck with a guilty verdict for whatever the violation was.

    If the incident happened in their CMV, then you absolutely should let them know right away...they'll probably want copies of the citations, etc...but you weren't in their CMV. You were in your personal vehicle, on your own time, and they are in no way involved UNTIL such time as the conviction is entered....and at that point, you have 30 days to notify them of the conviction. So, seeing as how you are just starting out in school and such, I would try to prolong the legal process as long as possible. Don't just pay the ticket to make it go away...insist upon a court date. Once you have that court date, try to get it pushed back as many times as you can for as long as you can...continuances are your friend. You might need a lawyer to help you with that, though. What you are doing is buying yourself time....time to get through school, complete your training, and go first seat. Once you get through any probationary window the company has, you'll be better off....because the company WILL eventually find out about it...unless it gets dismissed in which case there would be no conviction to have to notify the company about.

    Got to know the rules before you can bend 'em in your favor. You'll find 'em all in that little green book.:biggrin_25525:
     
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  4. Rerun8963

    Rerun8963 Road Train Member

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    the place of the impact can be a good indicator of who was at fault.. for instance, had she hit you towards the rear of your car, she failed to yield..(as you were already into the intersection)

    if she hit you "mid-way" on your side, you failed to yield...(and got into her way, you even said so yourself, "supposedly i got in front of a mini van and got hit) this is why, YOU GOT the ticket, not her.....i think the cops at the scene had a pretty good idea as to who caused the accident.

    now, it can take up to 2 months for this to show up on your DMV record...

    you might very well be ok, BUT if mid-way through your training it is discovered, you will have to explain, it happened AFTER you got hired..

    but yes, although i personally do not have the statistics here with me now, ANY new driver, of a car, big truck are at risk for accidents in the first few months, so be very careful out there, as any accident may very well get you fired...
     
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  5. Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    Rancho Mirage, Ca.
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    Most companies will stipulate that you have NO pending court cases when you get to orientation. A citation that is not yet resolved is pending, right ? However, until you go to court and get "convicted", you're good to go. So. if you can postpone the court date a few times, you could concieveably get some seat time in with the new company, but would probably get fired when they find out. Your call......
     
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  6. GasHauler

    GasHauler Master FMCSA Interpreter

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    Vegas/Jersey
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    Don't rely on that 3 accidents in 3 years as a safe net. If the company receives a lot of applications yours will not be on the top if you're convicted. You've got to know that they take the spotless records first and work down. Now if you can get by school and get a job before you're convicted plus you don't lie on your job application you might have a shot.

    You'll just have to really do good now and make a name for yourself if you can. If it were me I'd get a lawyer and do my best to either reduce the charge or go for not guilty. Either way you've gotten enough information here on what to do best for you. It sounds like you're in a general school and not contracted to one carrier. That's good because you should come out of school with your CDL.
     
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  7. Wargames

    Wargames Captain Crusty

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    WI.
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    I think you should hire the POPE, Your going to need all the Prayers you can get. :laughing-guffaw:
     
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