Had a wreck, needing advice on what to do now.

Seems to me that if your DAC specifically states that it was a "major DOT preventable" accident, you could dispute that, since the DOT ruled it as non-preventable. If the DAC specifically states this, then they put false information on it, regardless of whether or not your actions were perfect.

It's easy to pick apart what happened after the fact, but you cannot make perfect decisions when you have two seconds or less to make the decision. It's hard to keep a clear head in that situation, since an accident is always a nightmare for truckers.

But regardless, if the DOT said it wasn't preventable but your company put it on your DAC report that it was, then that's false information regardless of anything else. If you do have documentation from the police stating that it was non preventable, I would grab a copy of your DAC and consult an attorney.

 

you'll be alright.keep plugging away and carry a copy of the accident/police report with you.

 

The courts don't protect you from having to hire a lawyer and being stuck out of pocket for that. Besides you and I know the company would simply settle and in all likelyhood fire him anyway even if he did stay on the road and get hit.

 

Yop, you are correct.

He would still have to pay to defend himself either way.

 

I think the unemployment ruling is plenty. That's a legally binding ruling by a government agency that basically states you were wrongly dismissed and therefore entitled to compensation.

 

That's what really sucks about these types of cases.

 

He could also file a counter-claim against any scum sucking lawyer or client of said lawyer too. It would have been interesting to see what the companies insurance REALLY said about it.

 

Yes it would. Sometimes I wonder if companies fire drivers in situations like this in order to free up seats for new drivers. After all, why pay the experienced guy .40 per mile when you can pay a new guy .30 per mile to do the same job?

I hate to sound so cynical, but it seems as though companies will go after an experienced driver for any reason nowadays. And they do have a right to fire him for any reason they want, or no reason... but they do not have a right to put false information on a driver's DAC.

Yeah, he'll have to pay to defend himself, but this isn't just a speeding ticket, it's potentially career-ending. If I wanted to stay in trucking, I'd fight it with every last red cent I had. And if you win, guess who pays the court costs?