Need advice please on how to deal with a situation that has occurred with my husband's company. At the end of October he was rear ended on the interstate by another 18 wheeler. He was NOT issued a ticket by the highway patrol and was told by the officer that there was nothing he could have done differently. The other driver was not in control of his vehicle at the time of the accident but fortunately other than some flat tires etc no one was hurt.
Approximately three weeks later a letter came from hubby's company dated 11/18/08 which was a review/determination on the accident. The accident was ruled as "non-preventable". End of story as far as we were concerned.
Then today December 6 a second review/determination letter from the company shows up in the mail box regarding the very same accident. It is also dated the exact same date as above 11/18/08 but this time it shows the accident to be "preventable". There is no additional information of any kind. Nothing stating the orignal decision was changed. It's like the same form letter on the same date as before but this time someone marked a different decision.
Obviously he is very concerned about how to get this corrected for DAC purposes and he will be on the phone with the safety review department first thing Monday AM. I have advised him to request in writing that the issue has been resolved. Any other recommendations from you experienced drivers of what to do regarding this situation for his personal protection? Any idea of why something like this would happen? It could be as simple as a clerical mistake but the main concern is getting the situation corrected. Thanks in advance for your replies.
Help with accident review
Discussion in 'Experienced Truckers' Advice' started by Hometime, Dec 6, 2008.
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Sounds like you have a good plan.This must be some kind of computer glitch.I`ve heard and seen weirder things.Who said computers don`t lie???
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I hope that you did not throw that first letter in the trash! Keep ALL accident documentation. FOREVER.
Are you aware that he can get a copy of the law enforcement accident report? If this is needed, contact that agency that investigated the accident. There will be a charge of the copy, but it would not hurt to get this, and keep it.
Also, I assume he filled out a company accident report. Hopefully, he copied it before turning it in. If not, see if he can get a copy from the safety department.
It may sound like I am over-reacting here, but I believe it is better to cover all bases. Any time there is an accident, there is the possibility of law suits. What you need is documentation, documentation and more documentation.
All drivers should carry their own camera, in addition to the one that the company puts in the "accident packet." Any time your truck is involved in an accident/incident, take pictures. LOTS of them. Be sure to get pictures of your truck with the truck number on it. Also, true for the other vehicle.
In this instance, before you panic too much, see what his company has to say. But even if they give him all kinds of assurances such as, "oh that second letter was a mistake," or whatever, he should strive to get the reports that I mentioned.
Remember CYA FIRST!Hometime Thanks this. -
You have to rember we do not have all the details of the accident.
Alot of people come on here crying pitty me and only give details that make them look good and leave out all the bad stuff that they did.
You also have to rember that it does not matter weather or not the driver was found at fault or not by the police in the accident.
Even a person that was found to be not at fault in a accident the company can still hit you with a preventable accident on your dac.
A preventable accident can be anywere from parking on the sholder of the highway and getting hit by another vehicle to hitting a curb blowing a tire out to running off the edge of the road tearing up a small patch of grass. -
Thanks for the suggestions. Fortunately I DO have a copy of the orignal letter he recieved. I keep everything so that part we are covered on. He is waiting to talk to the guy this morning that is listed on the letter at the Safety Department and I've already told him to request a correction in writing.
Big Don, the thought to get a copy of the police report is a good one and I will follow up on that. I agree that we can never be to careful in the CYA department. I also like the camera idea. He has a camera on his cell but a good digital one in the truck is a smart suggestion to consider.
MGASSEL, I read these boards most everyday and so I know what you mean about people coming on here and posting and not giving the whole story. I don't fall into that category but of course you wouldn't know that because you don't know me. But I am posting this request for advice because of other post I have seen here where later on down the road there is a DAC issue and that is what hubby and I are trying to prevent now before he decides to move on and wants the record correct.
The other reason I posted this is because if it happened to my hubby it could happen to someone else and hopefully the responses recieved here might assist someone in the future. For that reason I will give an update when I see how this turns out. -
I hate some of the company policy's regarding accidents.
My oppinion for accidents if the officer on scene found the person that got hit not at fault. Then it should be ruled as a non preventable but these companies as you know think they can determine the cause and fault even though they were not there.
The companies should be required to take the findings of the police officer and leave it be at that. -
The reason that the companies don't just go with the police report is simple. LAWSUITS. If there is ANY way some scumbag attorney can twist the facts enough to show that the trucker could have done ANYTHING, no matter how minor, to prevent the accident, they will file a suit. They are going after the "deep pockets" of trucking company's insurance.
So, insurance companies and trucking companies risk management people are trying to CYA for themselves. At the expense of the driver, of course. -
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There are also companies out there that di truck accident investigations. I've watched some of their tricks and they make sense. They can re-create some scenes and it will be real a close to what really happen. You've just got to be sure they have no affiliations with the other company involvoed
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G H, it's great that your company has invested in these cameras. To those companies who say "It's just too expensive," I say, "how about if it saves you from losing just one lawsuit." Those cameras will pay for themselves the first time you win one.
OTOH, they will certainly show if your driver did screw up. Then, I guess you just quietly pay up.
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