I don't remember exactly what he said, but it was something about me should have known that he was backing up. I couldn't understand him, really. He had an accent, he had a Cuban name, 6 words in his name LOL. I said "Sir, did you Get Out And Look before you started backing up? No, you didn't." And I also mentioned he didn't have his 4-ways on, and he claimed he did, but it was only the right turning signal that was on, and it was on since he made that right turn into the Pilot.
I'm 100% sure that the whole thing was his fault, not mine.
I just want to know if anyone knows the proper procedure to sue for lost wages. I don't know who to demand them from, his trucking co, their insurance, or my boss' insurance. Maybe he can claim lost wages and then give me my share? I don't know.
How to sue a trucking company?
Discussion in 'Experienced Truckers' Advice' started by BoyWander, Dec 4, 2012.
Page 2 of 3
-
-
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
-
hey i just was just letting you know i know a lot of guys who have been screwed over myself included because of company/truck owners thats didnt want to pay workmens comp and/or related taxes and found out the hard way
also you would be very surprised on what company's will take to court no matter how much the dollar amount is lost wages to a company driver is a pretty hard nut to crack there is so many different loopholes that can be used to get out of it then if they win chances are they will take YOU to court for lawyer fee's and whatever else they can come up with. not telling you what to do just trying to give u the insight to make an informed decision. what may seem like an open and shut case to you can be a big deal to an insurance company/trucking company
remember they didnt get rich by writing out checks to every tom,dick,and harry. If you owned the truck then i would say u have a better leg to stand on. -
But it just does seem like an open and shut case. It was a simple thing that happened, there was a reliable 3rd party witness, and when you're backing up, you're responsible for what you hit...especially since I was not moving at all, and especially when you're in front of the fuel islands (or behind, depending on what you call it), where trucks are constantly coming through...and especially since I laid on the air horn.
I pay my taxes and my boss does, too, and he does have the OCC/ACC but the carrier requires O/Os to have it. -
-
-
How in the heII did this guy win in court from that? I would have just said ok, ill give you your money back, you give me the lightbar back.
Fix it and sell it for $1,500.
What an idiot for taking you to court over that. Trading in a friendship for $175. I hope he found it worth it. -
This is where being an "independent contractor" can get interesting. Technically, you're the contractor. I guess your client "boss" could sue you for the work you are failing to do and it would be up to you to seek damages from the guy that wrecked your (his) truck. But that just goes to show you were never really an independent contractor from the beginning.
My only advice would be for your boss to rent a truck, if he is awarded a claim on the other guys insurance (and you likely will be) they should cover the rental, it's standard practice. You both would be wise to keep your mouth shut about this whole bogus independent contractor arrangement and just say you're the driver and hope it's all settled out of court. probably will be.BoyWander Thanks this. -
oh and before u ask yes i did get him back he forgot i set up his email address that he used on ashleymadison .com and i still new the password haha last i heard his wife divorced him and got the house appraised at $1.7 mil and the kids thanx in part to some "anonymous" emails she receivedJoeyJunk Thanks this. -
LMAO man talk about vengeance...but to be honest, does it make you feel any better to get him back? Or was he really that due?
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
Page 2 of 3