Am i screwed on this accident?

Discussion in 'Experienced Truckers' Advice' started by Cobra281, Jan 13, 2009.

  1. Cobra281

    Cobra281 Bobtail Member

    31
    6
    Jan 13, 2009
    Dallas,Tx
    0
    Back in June of 2007 i had a bad blowout pulling an extra lease trlr. The entire recap came off and unfortunately there was a car there and she lost control trying to avoid it. DOT comes out etc and they cite me for defective tire. I told my company filled out an accident report etc and they told me they would take care of it. I later checked on it and they did not so instead of having a ticket out i called and just paid the fine. I didnt consider this my fault and was sure it wouldnt be on my record. I just found out it is on my mvr listed as defective equipment failure to m,aintain or something. It also has accident listed. Am i screwed on this or is there a lawyer i can pay to fix this? There was nothing i could do in this situation it just blewout it happens i shouldnt be punished. Im not sure if the lady got a payday or not but i wouldnt be surprised. What should i do or can i do anything?
     
    Travelguy2009 Thanks this.
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. rocknroll nik

    rocknroll nik High Risk Load Member

    4,490
    5,770
    Oct 18, 2008
    can't read the sign
    0
    Is it just on your mvr or is it on your dac report too? On your dac report you can "refute" the charge and from what I've been told dac will investigate it and if they find that the info on there is wrong they will remove it. As far as your mvr I'm not sure about that, maybe talk to motor vehicles before you spend the dinero on a mouthpiece. And good luck driver!
     
  4. Cobra281

    Cobra281 Bobtail Member

    31
    6
    Jan 13, 2009
    Dallas,Tx
    0
    Dont know whats on my dac. I ordered it last week should get it back within 10-15 days. That DAC is some ######## i got my mvr online in 1 day it takes 2 weeks for a dac...:( No telling whats on there but i will dispute every negative thing on it if i have too. This makes me not even want to drive anymore. Lawyers everywhere trying to screw you and even your own company doesnt give a #### so it seems. I lost my job last week i suppose because of this ########. Safety guy hasnt returned my 4 calls yet i suppose he never will. Im gonna try to find a driving job for a few weeks i guess if nobody hires me im gonna say screw it. I can do alot more than just drive. If this is how they do drivers yall can have it!!
     
  5. rookietrucker

    rookietrucker Trucker Forum STAFF Staff Member

    10,061
    7,055
    Jul 15, 2007
    TEXAS
    0
    If I was a gambling man. I bet its on your DAC / USIS as a accident. I had something similar a few years ago. The company I drove for, used recapps (POS tires) on there trailers. After checking the tires on a trailer I picked up, a 1 1/2 hours into a trip, I blew a tire coming off the mountain in PA.

    I found out later, by another company that I had a accident. I had no clue what she was talking about. I pulled my USIS report and sure enough, it was on there as a accident>mechanical failure.

    After going in circles with USIS on the phone. I found out, If you drive a company truck, companies can pretty much put anything on your USIS report. Whether it was preventable or unpreventable. If you sneeze wrong, they can put it on there. You can dispute it and the company has to prove the validity of it, otherwise USIS has to remove it.
     
  6. panhandlepat

    panhandlepat Road Train Member

    3,255
    2,243
    Jan 12, 2007
    0
    while that is all TOO TRUE, i heard from the road tester at arnold, these Co's are getting a little more vague(sp?) about what they put on DAC about you.
    something about lawsuits. (finally, SOMETHING we can give the ambulance chasers GOOD credit for:biggrin_25525:)
     
  7. Cobra281

    Cobra281 Bobtail Member

    31
    6
    Jan 13, 2009
    Dallas,Tx
    0
    I will just wait on the DAC (Drive a Check) or whatever its called. I tried to do the right thing and stop and i got screwed. Take my advice if you blowout a tire keep going they will screw you!
     
  8. Cobra281

    Cobra281 Bobtail Member

    31
    6
    Jan 13, 2009
    Dallas,Tx
    0
    Somebody needs to do something! Im not perfect or anything ive screwed up but if i have an accident and ruin my record i wanna go out in style not with some sorry blowout BS!!!
     
  9. biggare1980

    biggare1980 Medium Load Member

    344
    192
    Apr 29, 2009
    Springfield, Ohio
    0
    Had this happen to me at Smith Transport at a yard, the tire blew in the yard because of a bald spot where someone had drug the tire. Before anyone asks, no I didnt see it and wouldnt have as it was sitting on the bald spot. Well on my next monthly performance review, they said that I had a preventable accident and I know it was the tire cause I had to end up calling safety about it.
     
  10. javelinjeff

    javelinjeff Medium Load Member

    621
    185
    Aug 30, 2007
    victorville,ca
    0
    You know this is where this DAC thing is getting out of hand--A "preventable" accident is where the driver hits something or someone because he's not driving responsibly,,,A "non-preventable" accident is where someone else hits the truck or pulls out in front of it and the driver is NOT AT FAULT. Why is OOIDA and their group of lawyers(like the ones who went after Landstar) or some other group not going after this "investigative" organization? Just like bad credit info must be true and accurate, this DAC stuff needs to be also. And trucking companies should be held liable for reporting normal things such as tires and breakdowns as "accidents" when these false "accident reports" cost someone their job!
     
    panhandlepat and biggare1980 Thank this.
  11. dynosaur

    dynosaur Light Load Member

    264
    161
    Jan 3, 2009
    San Francisco, CA
    0
    Sad to say, it a done deal, especially since it was so long ago. I was in the same boat on a ticket that had I showed up for would have been dismissed. Actually, my company, acting in my behalf, sent the court a letter pleading Not Guilty with Written Declaration (I'm not getting the terminology right, but it's immaterial). They failed to send in the fine amount which is supposed to be posted as bail. When I discovered their error, I sent it in; but they interpreted it to be as payment of a fine. Later, I found I had been assessed 1.5 pts. but, being lazy, I procrastinated for a year or so, only to find I needed that 1.5 pts off my MVR---Wasn't happening. Just have to wait until June, 2010, when it will drop off on it's own.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.