How to sue a trucking company?

Discussion in 'Experienced Truckers' Advice' started by BoyWander, Dec 4, 2012.

  1. BoyWander

    BoyWander Road Train Member

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    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.
     
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  3. fisher guy

    fisher guy Road Train Member

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    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.
     
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  4. BoyWander

    BoyWander Road Train Member

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    Definitely some things to think about, thanks. Since I made myself an IC, I guess I would have to fend for myself if that happened...
    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.
     
  5. fisher guy

    fisher guy Road Train Member

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    oh and to answer ur original question I would say ur boss has to take it up with the other company's insurance to get paid for damages lost wages his and yours then u would get ur cut from ur boss
     
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  6. BoyWander

    BoyWander Road Train Member

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    Thanks - that is what I was thinking was the most practical way to get it. Now - if that did happen, would I have to pay taxes on what is legally considered an insurance settlement?
     
  7. fisher guy

    fisher guy Road Train Member

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    ur preaching to the choir man i got sued a couple months ago for a lightbar (like the ones u see on police cars) i sold to a family friend for $175 when it was worth (appraised by his light guy) at over $1500 he had it in HIS basement for 6 months and then paid me well i guess after he paid me he found out it didnt work (worked when i took it off my truck and he saw it) well i told him he was smoking crack there was no way i was paying him back (why should i it sat in his basement for 6 freaking months and never tried it out) he took me to court...i thought for sure the judge would laugh in his face....boy was i wrong. thats when i learned murphy's law "If your sure something is gonna happen expect the exact opposite
     
  8. BoyWander

    BoyWander Road Train Member

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    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.
     
  9. dannythetrucker

    dannythetrucker Road Train Member

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    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.
     
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  10. fisher guy

    fisher guy Road Train Member

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    it's sad and bogus everyone said he was nuts for doing it and told me stand my ground which i was right to do so but i made a fatal mistake....i trusted him (was named after the man and looked up to him since literally i was a baby) made the deal no bill of sale well when we went to court turned out he made one on his computer and forged my signature from a copy of my D/L he had on file when i worked for him 3-4 years ago. he showed it to the judge and poof i lost i was too dumbfounded to remember the charge but all i know was it ended in fraud and i had to pay him 175+40 court cost he told me after we walked out of the room "dont mess with the big dogs ur liable to get bit" but i got the lightbar back gonna get it fixed and put on this truck.

    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 received
     
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  11. BoyWander

    BoyWander Road Train Member

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    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?
     
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