Financial responsibility for preventable accident

Discussion in 'Questions From New Drivers' started by semiret, Apr 19, 2012.

  1. semiret

    semiret Light Load Member

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    I was reading on another thread where a driver had to sign a paper saying he (the driver) would be financially responsible for damages from a preventable accident.

    This seems to me to be a quick ticket to bankruptcy

    Leads to a couple questions:
    - Is this normal practice?
    - If so, who determines if the accident was preventable?
     
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  3. STexan

    STexan Road Train Member

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    I think where you see a driver "docked" for damages, there is little question the driver was careless or otherwise solely responsible. I've not heard of driver's "signing an admission" but if it did occur, obviously it would have to state an amount and this would have to at least seem fair and reasonable. Furthermore, with many carriers and some "understandable" incidents, I suspect the costs would be partially split between the carrier and the driver.

    There is usually a "safety" person who looks at the available information and makes a determination, and the property owner will certainly let the carrier know how much the damage costs to repair.

    A driver will find himself fired before he get's into a financial obligation that will break him. But would you rather be fired and looking for new work driving with a recent incident dogging you or having a $100 a week deducted for a few months and still working? It's typically fences and pole type things where there is no serious or extremely costly damage where a driver is asked to own up to his/her mistake.
     
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  4. Gizmo_Man

    Gizmo_Man Road Train Member

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    NO, it IS NOT a "normal practice".

    I suspect that the company is trying to pull a fast one on someone. As driver's we ARE supposed to be very good at what we do. For a company that has such a "practice" of making someone pay for damages I think that company has had too many accidents from lousy drivers, and are probably in deep crap from the insurance company.

    I think it best to "move on" to another company when ever asked to sign such paperwork.

    As far as determining the accident being a preventable or not??

    I would be of the thinking that the safety dept will DETERMINE the driver IS ALWAYS AT FAULT, since it will be the driver that will BE PAYING.

    Again, move onto another employer. This farce should be outlawed, and for all anyone knows, it very well may be illegal.

    I would suggest that if asked to sign such a form??

    Tell them that you would like to take that form to you lawyer and have him look it over.

    From there, one of two things might happen.

    1) the driver will be told he will NOT HAVE to sign that form

    2) the driver will be shown the door.

    I will take the door anytime.
     
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  5. Mommas_money_maker

    Mommas_money_maker Road Train Member

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    Im with Tony D, dont sign it and move on, simply as that.
     
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  6. Ragged Rooster

    Ragged Rooster Light Load Member

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    I have been asked to sign that same kind of form. My attorney advised me to refuse and blow off the company. He said that they had insurance for that and they must have a lousy record and were simply trying to hedge their bets against being dropped by their insurance carrier. It is not a normal part of going to work for a trucking company. Although I was refused employment because I refused to sign an agreement that would require me to repay a certain percentage of what the company owner spent on my pre-employment investigation if I was terminated for any reason within a certain period of time. The problem was that the form was BLANK. No percentage, monitary total or time phrase was indicated anywhere on the form. There is no telling what these companies will come up with next but I would advise you to consult an attorney. If you cannot, simply refuse to sign the form and move on to a more reputable company with a better record. You can check out all companies by simply checking their info through DOT and FMCSA. Their federal DOT numbers are a part of public record and easily obtained through a simple search.

    Good luck to you....
     
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  7. Gizmo_Man

    Gizmo_Man Road Train Member

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    I think as I have said, and now you "back it up", it is from a trucking company that is IN HOT WATER with the insurance company for TOO MANY claims. Which also suggests, they DO NOT HIRE professional drivers, or the pay is so lousy, all they can hire are stumble bums.
     
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  8. Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    I've heard of it, something like driver responsible for the first $1000, if at fault.I paid half of jackknife damage back in the 70's with a local company ($600)to keep my job. I can't remember if I signed something when I hired on. You gotta keep in mind all the "minor" damage done by goofy drivers out there, like running over stop signs, "whoops" done in tight areas etc. I think the driver should pay.
     
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  9. semiret

    semiret Light Load Member

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    Thank you for your replys

    I was reading a thread of a drivers orientation adventures and he stated he signed this liability document as if it was the normal thing to do.

    I also remember reading a thread of a driver who had an accident in a snowstorm. Multi vehicle cluster ###. The driver did not get a ticket, yet he was let go because his company determined the accident was preventable.

    With that thread in mind, it just struck me as rather convenient. All accidents would be 'preventable' since the trucking company itself was making the decision.

    I've noticed some drivers don't mention company names in their posts, don't know why, but I thought I'd take their lead so i left out the company names
     
  10. Zoomnu

    Zoomnu Bobtail Member

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    (I've heard of it, something like driver responsible for the first $1000, if at fault.I paid half of jackknife damage back in the 70's with a local company ($600)to keep my job. I can't remember if I signed something when I hired on. You gotta keep in mind all the "minor" damage done by goofy drivers out there, like running over stop signs, "whoops" done in tight areas etc. I think the driver should pay.)

    I understand what you are saying...... The driver should reimburse the company for it's loss. Following your line reasoning shouldn't the company reimburse drivers for their losses? ( sitting for an unreasonable amount of time, along with all expenses related to running their business?
     
  11. dancnoone

    dancnoone "Village Idiot"

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    Many smaller companies offer to keep stuff off your DAC if you pay up.

    Dirt bags.....all.
     
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