Impact on my CDL after this accident

Discussion in 'Experienced Truckers' Advice' started by johnnyman1099, Jun 24, 2018.

  1. johnnyman1099

    johnnyman1099 Medium Load Member

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    I just had my first accident and want to know the impact it may have on my CDL. Been driving over CDL 13 years with no previous accidents.

    Accident info:
    Driving slowly on a winding 2 lane state route in the mountains in Virginia when oncoming truck/trailer was in my lane. I got on my right shoulder to avoid the oncomming truck. His trailer was atleast 1/4 on my lane due to offtracking on this narrow two lane curve. I avoided being struck by his trailer but my trailer wheels offtracked into a narrow rocky ditch which caused two of my outside trailer tires to blow and twisted the rims. This also cause debris that may have damage a car that was following me too closely. The vehicle owner wanted to file claims against my insurance/trucking company because he claimed that the debris from my trailer offtracking into the ditch damaged his vehicle.

    State trooper came to writeup the accident. The good news for me was that a third vehicle had called the cops about the accident and troopers had pulled over the truck that was in my lane. I have aleast 2 other drivers that gave witness testimony that the other truck was in my lane.

    I have no damage to truck and the damages to my trailer was two blown tires and bent rims. Also the fenders/tire guard on stepdeck trailer was bent. I had to get a service truck to tourch cut my rims to be able to dismount them. Also had to cut my tire guard on the trailer to get it out of the way. Luckily, my load did not shift so no claims on my load.

    I was not cited or issue any citation for the accident. I was on a truck route so there issue there too. There was no collision with any vehicles.

    I expect that this accident would be recorded as a preventable accident. How will this affect my CDL ?

    My company wanted to go after the other truck's insurance to pay for the damages. The other truck is a company truck from a Mega fleet.
     
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  3. johnnyman1099

    johnnyman1099 Medium Load Member

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    Since there was no collision, and no need for towtruck, is this even consider an accident ? I originally was going to pay for the tires and let it go at that $1800 for service truck to cut my rims, tireguard, and install two new tires and rims.

    Since state troopers was called onto scene, and gave me a police report filing, and a money hungry car wanted to file claims against my company, I suppose it is going to be recorded as an accident.

    The car that wanted money claim that the debris damage his ford f250 pickup truck and his truck is running incorrectly now. No visible damage or dings on his vehicle. I took lots of puctures. His wife claims that their pickup is now having suspension issues. She also states that she have back pains and their daughter had a black eye from her husband applying brakes. We were going less than 30 mph and did not come to a stop until after 1 mile because it was not safe to stop on the winding two lane road with no shoulders.
     
  4. Truckermania

    Truckermania Road Train Member

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    This should not effect your CDL in any way. You were not issued a citation so no points or anything. This will boil down to the insurance companies fighting over who is responsible. I doubt your company will hold it against you.
     
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  5. snowwy

    snowwy Road Train Member

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    I don't know why you'd offer to pay when it wasn't your fault.

    If you got it all on record. And paper. You SHOULD be ok. But who knows these days. You didn;t get any citations so that's a plus and you apparently got witnesses.

    As for the car. Let the insurance companies go to court with their lawyers. Sounds like they're looking for a lawsuit that isn't there. It'll be a lesson to them for following to close. HOPEFULLY.
     
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  6. Trucking in Tennessee

    Trucking in Tennessee Road Train Member

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    If the trooper filled out an accident report it's an accident. Better find out. You may need a lawyer.
     
  7. johnnyman1099

    johnnyman1099 Medium Load Member

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    I am an o/o and own both the truck and trailer so i had to pay to get new tires and rims to get rolling right away. I am leased on to a trucking company. According to police report, you need to file an accident report if property damage is more than $1000. Obviously, two new tires and rims cost more than $1000.

    If this show up as an accident at the DMV, i will consult a lawyer to see if i can remove it.
     
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  8. Chinatown

    Chinatown Road Train Member

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    The guy in the pickup truck is an opportunist that sees a way to make some big cash even though he wasn't involved in the crash. He'll hire a lawyer and then agree to settle out of court. The wife will claim the daughter has mental trauma and she, the wife, can never work again or have sex with her husband (loss of consortium) due to back pain. Same old lies to get something for nothing.

    The right of association and companionship with one's husband or wife.
    "the amount awarded for loss of consortium must be included"
     
    Last edited: Jun 24, 2018
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  9. Ridgeline

    Ridgeline Road Train Member

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    STOP worrying about your CDL, that's not ANY problem.

    The idiot in the pickup trying to cash in is the real problem.

    YOU need to get a lawyer RIGHT NOW to protect you and let them work it all out.

    Never admit fault, never say a word to them. GET A LAWYER NOW!
     
  10. Linte_Loco

    Linte_Loco Road Train Member

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    Get a lawyer. Don’t trust your company to handle it. They may throw you under the bus
     
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  11. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    That 4-wheeler should be told to pound sand. The back pain, more likely than not, was either pre-existing or NON-existing. The daughter's black eye was likely because she missed curfew. And those suspension issues weren't caused by anything you might've kicked up, and it was running just as incorrectly before the incident as it is now. In other words, they're full of excrement and looking for a payday.
     
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