I guess I will put this here since their is not a fleet owners sections,

Discussion in 'Ask An Owner Operator' started by KANSAS TRANSIT, Apr 10, 2018.

  1. gentleroger

    gentleroger Road Train Member

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    I can't predict a lot of things but I can follow best practices and risk management to mitigate the impact. Which driver is more likely to have a blowout - one who thumps his tires every stop and gauges them at least once a week or the guy who pulls back his curtains and goes in the morning?

    You keep assuming that "your" driver's actions are in the right.

    Fuel line dispute between truckers ends with shooting, suicide

    Truck driver fatally shot in confrontation at truck stop

    We can play around with variations on different scenarios all night, it doesn't change the fact that the employer can be held liable for his employee's actions. You can countet sue all you like, doesn't mean you will be sucsesful.
     
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  3. ZVar

    ZVar Road Train Member

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    Well, we got a settled lawsuit. We are almost to the mythical lost a lawsuit I originally asked for...
     
  4. gentleroger

    gentleroger Road Train Member

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    Maniaci v inter-urban express

    Rounds v delaware

    Garretzen v. Duenckel
     
  5. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    Same can be said about the people you're scared will sue you. People can and will sue you over anything, and no matter what you decide to do to allegedly minimize your "risk", you'll open the door for somebody else to sue you. Comes down to under what circumstances you would like to be sued...by some thug's greedy family after your employee had to defend himself, or by your employee's family after they had to bury their loved one.
     
  6. spyder7723

    spyder7723 Road Train Member

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    The problem is in most of these bs lawsuits, they have nothing to countersue for. Sure you will get a judgement, but that's useless when they have no assets and low income. And it will cost you thousands in attorney fees going after them to get that useless judgement. People settle out of court simply cats its cheaper than defending the frivolous lawsuit.
     
    Last edited: Apr 12, 2018
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  7. ZVar

    ZVar Road Train Member

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    Ok, getting there I guess. Got any links to the cases? The bottom two I'm finding nothing on google, and the first one...
    Well a couple cites from other cases, but nothing on it save it happned 102 years ago (1916). No content from it though.
     
  8. gentleroger

    gentleroger Road Train Member

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    I keep saying and you keep ignoring - its not when the employee acts in accordance with the law. Its when the employee committs a tort within the scope of employment that you have to worry.

    When you google "truck driver shot" the results skew heavily to road rage incidents, not muggings. With a few notable exceptions most OTR drivers are not hauling high risk freight or driving in high risk conditions.

    https://www.usatoday.com/story/news/nation-now/2016/04/26/burglar-lawsuit/83539854/

    In the above story the homeowner made an assumption as to who broke into his garage. He had no proof, and the alledged theif was running away - would you consider that a "good shooting"?

    Trucker Shot Multiple Times While Doing Paperwork In Parked Truck

    This driver was sitting in his truck when shot. Do you think he was the target or did Repsonible Citizen A defend himself against Thug B, miss and put three rounds in the wind?

    Again, almost every company that has more then 50 employees - across the entire economic spectrum - has a policy agaisnt weapons in the workplace. Why do you think that is the case?
     
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  9. gentleroger

    gentleroger Road Train Member

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    I'll see what I can do for you tonight, I had to borrow a westlaw login, not sure how I (or if) can share cases.
     
  10. fortycalglock

    fortycalglock Road Train Member

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    Hey Stan, why have a policy about it at all? The carrier I’m leased to doesn’t, and I think they’re up to 9,000 trucks now. I’ve carried and not carried, depends on what I’m doing and where I’m going. A CWP holder legally carrying a gun should be the least of your concerns really. You are far more likely to get sued for a crash that driver causes.
     
  11. fortycalglock

    fortycalglock Road Train Member

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    Liberals and liars, I mean lawyers. Usually one in the same, as well. You understand that if you can pull from Westlaw.
    Trucking cannot be compared to 99% of other business’, nor workplaces. I know of no other business that has their employees sleep in vehicles in high crime and/or isolated areas on a daily basis. That in itself creates unique factors.
     
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