Nope, I have the recordings of the phone calls. They HAVE to put the computer messages in to whatever court preceedings arise which could be used against them. They are stored. They dont get deleted. How do you think these big shot truck accident lawyers get these big wins for their clients? You use profanity on the computer, you are fired and its used against you on future employment, etc. Funny thing is they will be tightening their own noose on their heads. There is really no way out for them. I am not saying they CANT get me for truck abandonment. I am saying of course they could. But I am certain they dont want what could happen to them to happen. And I WILL fight it if they do get me for abandonment. The thing is they wont only be overturning their little wrecking ball to my DAC report, I will sue for defemation. They will also certainly then pay D.O.T their dues for their mere asking and demanding to run illegal. Either way I am 110% sure I will come out far better than they will. Driving OTR isnt for me. Not in someone elses truck anyhow. I am quite happy with my local job. With a company I have worked with before. Hourly pay, overtime pay after 40, most weekends off. I can live with that. Compared to making less money because my d.m. is pissed off that I am not like the rest, and wont run illegal I will be a lot happier being local. Only bad thing about my job now is the weather. Because its in construction. Hauling equipment. But will still make out better with that than OTR.
Legal definition of "truck abandonment"
Discussion in 'Trucker Legal Advice' started by brandond, Dec 5, 2009.
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Seems you are the one who thinks its all about "luck of the draw", not drawl. Noticed you mispelled that. Common error though among self glorified truck drivers as yourself. There were lots of things asked chump. All through the computer. So you might want to ask questions, as you so righteously claim you would before you go to typin on that keyboard. Ya think? Yup, I think so.
Last but not least. Doesnt matter if you returned it to location B. They can still try to put it against you, then you will have to fight it to get it taken off. I know, if i take it back where I picked it up from. There is a letter and inspection showing it being turned in where I picked it up from. As well as the inspection form from when I picked it up when I first got in the truck. Making it something I would not even have to involve an attorney in. But you do your thing when the time comes. Hope its not Prime you are with. Thats what happened to my brother in law. He turned his truck in to a place where he was told to turn it in. Still got truck abandonment, didnt keep any of his paperwork to fight it either. Got truck abandonment because he didnt return it to Springfield, MO. Be kind of hard for them to dispute their truck abandonment theory with proof infront of them. Will be kind of hard for them to say anything now. In this situation with things the way they are. Whether it goes on me or not wont hurt my ability to get a job. Not a bit. Half the places I have worked for anyway do not check DAC, nor report to them. DAC isnt all there is to trucking. But you think what you want to driver.
Maybe I need to draw a picture of what I am saying here. Make sure you got your crayons when I do. -
Ok Einstein, whats your take on this matter? I am sure we would all love to see what you have to say of the matter too. Be original though. -
There is nothing original to it. You didn't take the vehicle when you were told to, and you didn't take it where you were told to. The fact that it was picked up by ANYONE makes it abandonment as they were not in custody of their equipment.
Also depending on the location you were at when you "recorded the call" as well as the location of the company, or worker for the company who you spoke with when recording you may be in violation of state laws. Wiretapping is a criminal act in many states, even when you are one of the people involved in the conversation if you do not have the permission of the other party.
But hey you know it all right. -
Is it my fault they obviously did not pay attention to the message over the computer a month ago saying I would record the calls? NO
Is it my fault they thought I was joking about it, and didnt think I would really do it? NO
Is it my fault, they were stupid, and they will not pay for their stupidity? NO
But for you greenhorn, if you ever want to quit a company, and they take the truck but tell you to take a hike on getting home, call the U.S. Marshalls office. Also do that if you tell them you quit and they try to keep you running, or b.s around about getting you back to turn the truck in and/or get you home. No company can leave a driver stranded.Last edited: Dec 7, 2009
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I went along till now....When you mentioned the US Marshall !! That alone tells me you know NOTHING of which you speak.
lonewolf4ad Thanks this. -
Also in order to tape phone conversations, the warning MUST be given at the start of each phone call- if the warning is required in that state. US Marshall hunt and transport prisoners, and have nothing to do with trucking.........
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The above statement just goes to show how much you actually know, and
how much you believe the #### that you hear over the CB.
I'm not saying the company is right with some of the things they did and
neither are YOU. Get real with yourself and take a step back and actually
look at the things that are going on, and also look at the what you are typing.lonewolf4ad and jtrnr1951 Thank this. -
Just another who claims to know wisdom while shouting from his arse. Yall have fun with the ivy league cb rambo.
Coonass Thanks this.
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