If you make him mad and he quits was it worth $300? Like someone else said things happen noone is perfect.
Driver Damages a Trailer Door - What to Do?
Discussion in 'Experienced Truckers' Advice' started by jfar28139, Feb 19, 2015.
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You are not allowed to withold drivers' earned wages except for few reasons..dishonestly or gross neglinence on the drivers part & FICO .there are rules and regulations when it comes to "wages & compensations"..Even a signed "wavier" by the driver will not be valid in court (ca supreme court ruling) should a driver sue you for witheld wages..(CA).now if you want the driver to pay for damages you could bill him and try to get a payment
Last edited: Feb 19, 2015
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It's a tough call. I'm not sure legally you can make the driver pay for this. They didn't do it intentionally, and that is what insurance is for, although, it's probably less than the deductible, and these are some of the unpleasant situations of being a truck owner, and you'll have to eat it. Of the thousands of times I backed into or out of docks, I never tore a door off. It was always "easy does it", real slow, just in case. The fact that a driver did this may indicate a worse situation is around the corner, as they weren't paying attention.
BrenYoda883 Thanks this. -
and if the driver goes to the labor board on you for 300.00 bucks you will not like what they have to say. the have rules about driver deductions. start a safe driver program that you can with hold from his check. i owned seven trucks and i am sure it bothers you but that is a small amount to pay if the driver gets man and quits. now that will cost you more than 300.00 bucks. lots of luck
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One place I worked at, if the hinges were broken, but did not cause major damage to the door itself, it was deemed an "incident".
If the hinges were broken, and to door laying on the ground and bent all out of shape, it was deemed an ""accident"
hinges nowadays are IIRC "break-away" meaning they are a lighter material giving way so no severe damage can take place.
No driver should be made to pay, unless said driver OWNS that equipment, then of course he will pay as to not get the insurance company involved.
As for a company driver paying, I can assure you that he will get even with you at a later time should you make him pay.
At least have a de-briefing as to what happened, write him up for the damage, either incident or accident, depending on cost (I was once told under $100 is an incident), BE SURE to give him a copy, then let it go. Keep that in his file, if you are a member of DAC, then all you can report when he leaves is whether or not it was an incident of accident.
Don't forget, he IS entitled to a signed copy of the write up. If you DAC him differently from what was signed by BOTH of you, he has you by the short hairs later! -
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This is the type of issue that should be addressed when the driver is hired. Many carriers will charge back to the driver for things that are due to his negligence, such as a bent rim on a wheel. Some will also hold the driver responsible for the deductible for anything that he would be considered negligent. If it is something that happened where the driver is not obviously negligent, then you might consider it a cost of doing business and absorb the cost.
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Thanks for all the input. The incident was clearly preventable when viewed in the entire context. I think the best approach is addressing it in the context of a quarterly safety bonus going forward.
BrenYoda883 Thanks this. -
Safety meetings, do you cover the Smith system, GOAL, do some practice backings in a lot with cones as poles, cover how to do a PTI? These are things drivers should know, but things get missed. Like the military always practicing. The drivers should know what is expected of them. If you beat them enough without rewards you will have a revolving door of drivers and equipment not taken care of.
I worked at a company for 14 months, kept the truck washed out of my pocket, spotless inside. Shined all the chrome, Wiped the outside down each day to keep it looking clean. I would return to the terminal on a 34 for repairs and work on the truck cleaning it inside and out. I was always early for loads, ran my rear end off to make appointments, etc.
This company got a new VP from a bottom feeder and I was asked why was I not rolling. I told him I am on a 34. He then asked me how many hours I had at Midnight, I said 1. He mentioned he saw me cleaning the truck at 1am. I said I was on a 34. The next day dispatch questioned me as to why I was not at the average mileage for the year. I went back and got my computer and asked them to lets go over every load as I had the dispatched miles and the real miles marked down on a spreadsheet. They could not come up with anything. This left a very bad taste in my mouth and the next month I quit. Their loss.
If they are a good driver, find the reason. Were they in a hurry, did not get out and look, etc. Things happen from time to time. I expect they did not GOAL or look at the situation first and then determine the best way into the dock. A lot of docks are not truck friendly and sometimes the driver has to get out and think the situation through as to how best to get into the dock. -
Drivers are not going to learn otherwise.I say make him pay for it and take so much out of his check each week till its paid.Once I tore a trailer door clean off its hinges and I paid for it.
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