Frozen trucker case

Discussion in 'Trucking Industry Regulations' started by Cat sdp, Mar 22, 2017.

  1. tinytim

    tinytim Road Train Member

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    Read post 53. It seems TransAm has a clear definition.
     
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  3. Midnightrider909

    Midnightrider909 Road Train Member

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    And he would have to pay 3000 for an ambulance ride. That isn't much of a choice. This judge is a dirtbag.
     
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  4. magoo68

    magoo68 Road Train Member

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    Brakes are frozen so trailers not moving so whether he left truck hooked up to it is irrelevant imo
     
  5. street beater

    street beater Road Train Member

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    And if he had a different med emergency, like a stroke would he?
     
  6. Ridgeline

    Ridgeline Road Train Member

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    The thing that gets me is the breakdown event was his own cause, it wasn't the brakes failed before and he has to pull off the road but he pulled off the road because of his own actions and decisions.
     
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  7. Bean Jr.

    Bean Jr. Road Train Member

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    Just a point of clarification, this was on I88, which is a toll road. West of the metro Chicago area, it has stretches that are 20 miles between exits, and some of them have no services
     
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  8. snowwy

    snowwy Road Train Member

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    Ok. But where's the story?

    I'd like to know the events that took place leading up to the events we're all talking about.

    How did he in that position in the first place?
     
  9. Bean Jr.

    Bean Jr. Road Train Member

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    In 2009 he was headed across IL in 10 below weather. He missed his authorized fuel stop, noticed he was low on fuel and pulled over to call Dispatch. After his call, he tried to get rolling again, but his trailer brakes had frozen. He called Dispatch, and they sent road service. Because of being low on fuel, his fault, he wouldn't idle and his bunk heater didn't work, so he sat in the cold for about 2 hours. His cousin called him, and he was beginning to suffer from hypothermia. He called Dispatch and notified them he was going drop the trailer to go get fuel. They told him not to, and if he needed to leave, to drag the trailer at 10 mph. He dropped the trailer, without lights on I88 at 1:00 in the morning. After getting fuel, he returned and the service truck had been there for 15 minutes. He was fired because he abandoned the trailer on the roadway. He sued under the whistle-blower statue for reinstatement, and the administrative court agreed with him. Trans Am appealed, and the only judge who did not agree with him was Judge Gorsuch. His reasoning was; he was not fired for refusing to drive defective equipment, which was the whistle-blower law, he was fired because he drove it against orders not to drive it.
     
  10. Midnightrider909

    Midnightrider909 Road Train Member

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    He was able to save himself by driving to a warm place. A stroke or heart attack is different. This judge is a dirtbag and I have already called both senators to express my profound reservations. I would advise everybody else on this forum that shares my opinion to do the same. It's about time workers got a voice on the Supreme Court.
     
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