Is it legal??

Discussion in 'Experienced Truckers' Advice' started by Soundx3Soljah, Mar 9, 2020.

  1. pavrom

    pavrom Road Train Member

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    No matter what is going to happen , any lawyer should be able to clear him up at the very first court date .... Even if he did damage - he didn't see or notice it ... Its not toyota prius ... I did clipped once while making uturn on dealer yard with stinger , didn't even feel it . Dealer got back to us 2 days later and replaced the bumper .
    ...i doubt it was like : he was making uturn , damaged property , stopped , came out looking at it and after got back in and left ...even at this case you can get away :)
     
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  3. SteveScott

    SteveScott Road Train Member

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    A 1099 company in Sacramento? Driving 1099 in California is supposed to be illegal now according to that new law. Maybe he should tell them to pay him $1,500 or he will report THEM.
     
  4. okiedokie

    okiedokie Road Train Member

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    Lawyer up and turn it around on them. Without a doubt they have other indiscretions.
     
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  5. Lab work

    Lab work Medium Load Member

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    Such a wonderful opportunity. If he only knew for sure he didn't hit anything. If it is me I pay the fine, gather all the evidence needed. Take them to court, notify every local news channel. Let the judge decide your damages and inconvenience. And the media can expose the company.
     
    npok Thanks this.
  6. Numb

    Numb Crusty Curmudgeon

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    1099 is not illegal. just redefined to be real.

    New California Independent Contractor Law
    The law codifies and expands on an April 2018 California Supreme Court decision that set a strict new test for employers. Independent contractors must be free to perform their work as they wish, must be in a different line of work from the company contracting with them and must operate their own business.Sep 29, 2019
     
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  7. MrEd

    MrEd Road Train Member

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    The "fine" was not levied by the state. It is not official. This is a private event on private property with no LEO involved. It isn't a fine. It's a bribe. Or a scam. I wouldn't pay a penny until I've seen their video they refuse to show.
     
    TokyoJoe, Chinatown and 650cat425 Thank this.
  8. Soundx3Soljah

    Soundx3Soljah Light Load Member

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    we don’t know for sure that’s the problem. They could very well have a video of him clipping something with the blind side of his trailer. Problem is that he’s between a rock and a hard place because if he calls their bluff and they do have a video he’s looking at a minimum of a one-year license suspension and probation. But if they don’t have a video he will have lost $1500 for absolutely nothing.
     
  9. Chinatown

    Chinatown Road Train Member

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    It happened on private property and no law enforcement involved; some ignorant warehouse worker can't suspend his license.
     
  10. Moose1958

    Moose1958 Road Train Member

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    Not for an incident on private property, unless there is a quark in California Law I am unaware of. All I see at this point is civil damages because of the hit and run. IF they are being truthful about the video. This is a case where the OP needs to stop asking questions in TTR and go speak to an attorney. I also counsel SILENCE until you speak to said Attorney. Remember there is a small chance this company might also be reading this thread!

    Edited: Also as soon as you can get photos of the truck and the trailer the OP was operating that night.
     
    Soundx3Soljah and 650cat425 Thank this.
  11. Soundx3Soljah

    Soundx3Soljah Light Load Member

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    Consulting an attorney will be our next step. I’ve done just a little bit of research online I’m no expert but I’m seeing a lot of conflicting things some sites say that you can prosecute criminally for damage even if it’s on private property other so you cannot.
     
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