I Need ur advise on this Problem. PLEASE!!!

Discussion in 'Trucker Legal Advice' started by kickingdeer, May 5, 2008.

  1. kickingdeer

    kickingdeer Light Load Member

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    Aug 2, 2007
    Joshua Tree, CA
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    I am having a big problem. I hope that someone can put me in the right direction. I was involed in a small incident ($3,300 I was told this amt for my last employer). I hit a trailer in CO # a unlit rest area, cops were called but was not cited. Accident report was taken but was told it won't be ready for 10 days, two days later (after I delived my load) the company released me from work. Now the problem ... I have been told the company is hitting me with (2) preventable accidents (I hit a snow bank and hit to reattached the bottom step...as reported on Dac hitting a solid object) , the company put on my DAC that they let me go for Safety Reasons now I am having a hard time getting any type of job. Then I tried to file for (CA) unemployment and the company told unemployment that they fired me because of my accident record. Do any of you (my brothers and sisters) have any advice for me? I really love driving. I have been told I have to drive for an O/O for six months b4 I can drive for any carrier but the "net" doesn't list "O/O looking for a Driver"...Thank you for your help
     
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  3. kickingdeer

    kickingdeer Light Load Member

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    Aug 2, 2007
    Joshua Tree, CA
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    Again I am reposting this...Please does any one have any directions for me. I really hate to give up my driving because of what is being placed on my DAC. I have to go under an O/O (depending on carrier) 6 mos to a yr before I can get anyone to look at me. Please I am serious in my question...that is why it is posted in this thread "Trucker Legal Advice"
    :biggrin_2558:
     
  4. dieselhound

    dieselhound Medium Load Member

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    Erie,PA
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    Did you find out if the accidents are on your DAC, right now?
     
  5. kickingdeer

    kickingdeer Light Load Member

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    Aug 2, 2007
    Joshua Tree, CA
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    Yes they put in on my DAC along with hitting a solid object (which I didn't know about until I got a full copy of my DAC). Hense is the problem the reason for discharge - Per Safety Reasons to many accidents. God I miss driving. I am trying to get a Local job and even those are hard to find.
    Thank you asking.
     
  6. witchwaywest

    witchwaywest Medium Load Member

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    Dec 8, 2007
    Monroe New York
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    I worked for a company for many years that had policy regarding accidents.It stated that if you had an accident that was preventable you were assesed on a company point system according to the cost of repairs.If you received to many company points in a given amount of time,you were terminated.Regular tickets from law enforcement in a short amount of time got you terminated also.Now in your case you recieved no citations from the trailer accident or damage to the cab step.Although I would still consider both of them preventable.Did your company have a written policy on accidents when you hired on?Did you sign it?If you did you won't have much recourse.It means you agreed to their terms of employment.If they didn't have a written policy and you didn't sign one you may be able to contest the information on your DAC report.Also get a current copy of your DMV abstract.See what shows up.Another thing to do is call up your past employer without telling them who you are and request info on their hiring policy and how previous accidents might effect your chances of being hired at their company.You may need a lawyer versed in labor and the trucking industry.At least for advice to contest your DAC report.After getting your paper work in order and some legal advice you can contest any inncorrect information on your DAC by going to usis.com.Scroll down to the bottom of the page.Hit request info.Under note to consumers,hit "click here".The page will inform you on what to do and contacts on how to do it.If all this fails,don't give up.Not every trucking company subscribes to USIS."DAC report".Some just want a copy of your state DMV record.Any future employer may at least contact your past employer for info, so be honest at the interview.State the incidents and how they happened.Your two incidents seem pretty minor compared to what I have seen on the road.Good Luck.
     
    kickingdeer Thanks this.
  7. kickingdeer

    kickingdeer Light Load Member

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    Aug 2, 2007
    Joshua Tree, CA
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    I pulled up my H-6 and since there was no citation issued they don't show up on my MVR but Marten pull them on my DAC, under safety release from employer. I have read on this site about this company that they make up (points) as they feel fit. I had also read that if they don't want you they'll make sure that no one else will take you. On my DAC they don't even have the right township I was in. Marten told me that all I have to do is file unemployment with my home state, I did and that claimed they let me go because of numberous accidents. I had to file an Appeal (no money), Big carriers won't hire me because of (what / how) Marten put on my DAC companies won't hire me. So again no money.
    I guess this is the Rock and Hard place people talk about.:confused: I am just banging my head against the wall. :banghead: on this one.
    Thank you for your input.
     
  8. dancnoone

    dancnoone "Village Idiot"

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    May 6, 2007
    Mississippi
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    Try SRT in Ashdown, Arkansas.

    They run your way all the time. So hometime isn't an issue.
     
    kickingdeer Thanks this.
  9. kickingdeer

    kickingdeer Light Load Member

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    Aug 2, 2007
    Joshua Tree, CA
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    Thank you for the idea but I did try SRT before going to Marten. I went through the oreintation and figued out something not right a weird feeling of something not right. Heck with what I've been through even JB Hunt won't hire me :).
     
  10. kickingdeer

    kickingdeer Light Load Member

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    Aug 2, 2007
    Joshua Tree, CA
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    Thank you to all that tried to give me some direction on this matter
     
  11. CMoore2004

    CMoore2004 Road Train Member

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    Nov 2, 2007
    OTR
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    Is it right to say this company makes up things to put on your DAC when you told us that all of these things actually happened?

    Sit outside in your town and watch the trucks go by. Look for some off-the-wall company you've never paid attention to with a location nearby and start putting in applications.
     
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