Hit a 13'6 ¹/² bridge.

You're right, I overlooked the 12'2.

 

I agree that they shouldn't fire you for this but I wouldn't be surprised if they do.
One thing to think about...if you sue them and get your job back how long will it be before they come up with something legitimate to fire you over again?
Companies hate losing in court and, right or wrong, they'll eventually get you. That's a crappy system but it's the way it usually works.
You have lots of experience and if your record is clean otherwise you need to start looking for another job.
Let us know how this all turns out for you, okay?

 

Employers do terrible things all the time and they usually get away with it because employees are intimidated into believing some of the things in your post. Add in the guilt/shame of being fired and most employees will walk away with their tail between their legs when they could have walked away with a year's salary or more and their head held high instead.

"It's too expensive to fight" - If you've got a solid case most attorneys will take your case on contingency - you pay them nothing unless they win and then only a percentage. Usually about a third.

"I got fired for X. People get fired for that all the time. I wouldn't have done it I would still have a job." - Not necessarily. It sounds like the employer put him in a no-win situation - turning him loose with an over height trailer and blaming him when things went sideways when they had a provable history of problems with trailer heights and did nothing to correct it. The OP didn't measure the height of his trailer, but it's neither reasonable or customary for a driver to measure his trailer's height before every trip.

"Why bother? Suing won't get me my job back." It won't get him his job back BUT if the employer has to pay out for a settlement they'll be less likely to do that to another driver. Any settlement would also include barring the employer from reporting the accident to the usual band of troublemakers (DAC, Hireright, etc).

I'm not an attorney either but I have been the victorious plaintiff a few times. It's always a good idea to consult with an attorney if you think you might have a case. First consultations are usually free or low-cost and you never know when you might come out of it with a new car.

 

I hate to sound like the old curmudgeon I am, but it does not matter where you are when it comes to striking a fixed object. The law could be more than the Twelve-two and you are still going to get nailed for this. YOU the driver are in charge of how that truck operates. Striking a fixed object like a bridge, fence, or utility pole is going to be on the driver. I agree with @ZVar it blows big time. I also agree with @Tall Mike !

 

I’m late to the game, but didn’t you say you were having trouble with the truck earlier in the week for the same problem? (Thought I read that earlier in the thread, I may have misunderstood)

If you knew there was something wrong with the truck, regardless of if the company did anything about it or not, if you knew the height has been off and they didn’t fix it, you’re still at fault, in my opinion.

just like if somethings wrong with my truck on the highway, if I don’t fix it/catch it, it’s my fault. Company refuses to fix it? Then don’t drive it! It’s like others here have said, you’re the captain of your ship, if the ship isn’t shipshape then you shouldn’t be sailing.

 

Unfortunately, yes at the end of the day you are responsible for knowing what is going on with your equipment. I'll be fair and admit I've never got tape measure out and measured my trailer height though.

 

I wouldn’t even have a way to get up there without a ladder or climbing on my company’s roof. I’m sure safety wouldn’t be happy with either option!

 

The primary problem here is not that you are incorrect. The primary problem is the average driver does not have the funds to get involved in a protracted lawsuit over a job action. No attorney is going to take on a case like this with the odds stacked against them.

Several years ago I was part of a legal case against someone. We finally just settled out of court for peanuts after going through close to eight attorneys. The last one told us the story of what George Westinghouse went through with J.P Morgan and John Rockefeller after Morgan stole Westinghouses patents and later after Morgan and Rockefeller formed GE and they basically took Westinghouse's company from him. It's a sad fact that not having the money to fight a court case IS a problem regardless of how good a case you have. In this situation the OPs' best advice is to try to save their job, but if they can't move on.

 

Sadly, yes it is. You might not have any control over what you are issued to operate, but HOW you operate that said equipment is 100% on you.