Accountability for accident while driving team

Discussion in 'Questions From New Drivers' started by Kylyn84, Jan 21, 2016.

  1. Kylyn84

    Kylyn84 Bobtail Member

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    Hey everyone, I have a slight concern and am hoping to be at least pointed in the right direction.

    In theory: Jane (10 years driving, mostly oil patch tanker) gets sent on a run she has never been on (say, first time in the Rockies in a semi, in winter) and Joe (he says 20+ years driving, been everywhere, done everything, knows it all) offers to tag along in case there are problems, and to help with the driving if needed because the delivery has a strict appointment time.

    Joe offers to take the first couple of hours to give Jane a chance to catch some rest before the mountains. Before he is even out of the yard, he runs the side of the trailer along another truck. Luckily, only a couple of scratches to both vehicles and off they go.

    Joe does not want to start a log book because he is "only helping out and doing a favor", so everything gets logged under Jane (somewhat creatively, but it looks good on paper).

    Day 2, after spending more time lost than not, because Joe "always knows exactly where they are, and just turn here", Joe takes over at the end of the day and offers to go get the trailer washed out while Jane sleeps. More lost time, truck washes that don't exist but were "there just last week!" and one no exit road that Jane mentioned didn't look like it went anywhere, but Joe "couldn't see a sign that says so", there is a tow truck needing called to pull the truck and trailer off of the extremely wet and soggy grass that Joe got the truck sunk in. Joe gets frustrated and hides in the bunk to leave Jane to authorize, deal with, and eventually pay for, the tow truck.

    Day 3, Jane parks on the side of the road at the truck dealer and gets out to drop the trailer so she can hopefully have a tech check the door seal that lets in hurricane force winds at -30. Joe yells at her to just "drive the ##### truck right into the parking lot, don't bother dropping the trailer, that's stupid". So, since he said he was "just in there last week the exact same way", she drives straight in. It's a bit tight, and the trailer is hanging into the back road, but come time to get out it should be OK. The tech comes out, looks at the door, says he can't do anything, and asks Jane if she'll be able to back out as it looks good pretty tight. Jane is fed up and tells Joe he can deal with getting the truck out since he's the one who said to put it there in the first place. Joe promptly backs along a logging trailer and tears a 4 foot hole in the side of the van trailer. Eventually he gets it out, jumps out of the truck, slams the door and stomps around saying he's not driving anymore this trip and to take him home, load be ######.

    Joe has now informed Jane that he is telling the boss it was all her and that she can't prove otherwise because he doesn't have a log book so isn't technically there. After much yelling, swearing and a slight bit of police involvement, Joe agrees to fess up to the boss. Next day, Joe gets fired (surprise) and goes on a rampage about how Jane is responsible for half of the tow truck bill and trailer repairs, since she was awake when they happened, and that he's putting in for half of the miles because he "don't work for #### free".

    I could care less about the miles right now, but is there any way Jane is actually responsible for paying for the damages etc???

    Thanks!!
     
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  3. Redtwin

    Redtwin Road Train Member

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    If Joe was an employee of the company and authorized to drive company equipment, I would say no. Her employer might feel differently and I can't say I would blame them as she was responsible for a myriad of bad judgement calls (some of which were illegal) that lead up to the accident.
     
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  4. Chinatown

    Chinatown Road Train Member

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    Jane was in the wrong for letting Joe brow beat her into falsifying logs and not dropping the trailer outside the gate. If I were Jane, would keep my mouth shut and let the company and Joe duke it out. He's already fired so nothing he can do about anything.

    Joe has no say-so whether Jane pays for any damages; he doesn't work there anymore. If the company says Jane must pay for damages, she has two choices; pay up or quit.
    I wonder why she wasn't fired also.
     
    Last edited: Jan 21, 2016
  5. Nitemare13

    Nitemare13 Light Load Member

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  6. RustyBolt

    RustyBolt Road Train Member

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    I'd get rid of both. One for being trucking's biggest idiot. And the other for being dumb enough to go along with him.

    "In theory".
     
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  7. TripleSix

    TripleSix God of Roads

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    This friends is a prime example of the Dumb and Dumber program.

    "Which one is Dumber, Six?"

    Jane. She knew Mr BeenThereDoneThat hit a trailer coming out the yard, right? He stays lost, right? Obviously he can't read maps and road signs. Any person with a brain would have had the Self Preservation Alarm firing off in their mind. YET, she continues to follow the lead f an idiot? Like @RustyBolt said, can them both.

    Not what you wanted to hear, Miss?
     
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  8. austinmike

    austinmike Road Train Member

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  9. 2duisperyear

    2duisperyear Light Load Member

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    Is jane looking for a new co driver, can you have her pm me.
     
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  10. Ridgeline

    Ridgeline Road Train Member

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    I am going to assume this really happened.

    OK here is what I see that would be a show stopper and may end up getting this idiot Joe fired;

    Joe offers to take the first couple of hours to give Jane a chance to catch some rest before the mountains. Before he is even out of the yard, he runs the side of the trailer along another truck. Luckily, only a couple of scratches to both vehicles and off they go. <<<---- this is a preventable and the company should have stopped both of them and asked for their paper work, including the logs and wrote Joe up.

    Joe does not want to start a log book because he is "only helping out and doing a favor", so everything gets logged under Jane (somewhat creatively, but it looks good on paper). <<<<---- this is where Joe would get fired, with me Jane would get a lecture about logging. The company should step in and make sure this idiot can't drive for anyone else. Another scenario is what if Joe gets pulled over by an enforcement officer? if he got some of the officers I've had, they sit facing the truck to see who is driving, to make sure no one slip seats for logging reasons. In this case it would be easy to determine that, so that said he has no log, he is put oos with the truck, and Jane is holding the bag.
     
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  11. Redtwin

    Redtwin Road Train Member

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    Joe already got fired, but wants Jane to pay for half the damages presumably because she was in the general vicinity of the truck when he crashed it.

    Who knows though, Jane may have been flashing him or whispering sweet nothings in his ear when the poor guy was just trying to drive.
     
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