Need Help Disputing Accident

Discussion in 'Experienced Truckers' Advice' started by Ayn, Jul 10, 2012.

  1. Ayn

    Ayn Bobtail Member

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    Hello everyone first post here hoping to get some input, thanks for advance.

    Alright beginning June of this year I delivered to a customer on X Road, which is the only road I can take to and from the customer I have delivered here for over a year and on June a internet line got caught on my 13'6 trailer in Pennsylvania which ripped it down.

    A month later they finally reviewed it and gave me a preventable on the basis of hitting a stationary object. The insurance claim called up company Y that owned the cable to see if they are going to pursue for repairs, they did not reply to the insurance company at all. So the dollar amount is listed at 0 for damages. I'm trying to figure out if there is someone that you may recommend in Pennsylvania that can handle this kind of a case.

    I could appeal the case directly through the company to a third party trucking association which in part is owned by my company and has a representative on its board so I would like to take it to a real court if possible to gear a fair hearing.

    To me it seems that they are throwing around preventables like flyers and not bothering with the ramifications. Because I was also in transition with another company (still waiting to get into due to case being flagged as: Open) they have taken additional time to get this taken care of.

    At this point I have 2 more weeks in savings before all accounts go into default and I am at wits end with my previous company.

    Thanks again for any help you are able to provide.
    -Æyn
     
  2. xtexasbabex

    xtexasbabex Light Load Member

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    try prehired.com they might be able to help you.
     
  3. Mark Kling

    Mark Kling Technology Contributor

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    Cables are supposed to be x feet high. Was the cable at the minimum required height?

    Mark
     
  4. Ayn

    Ayn Bobtail Member

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    Company Y will not return my calls already requested to talk to someone that has the guidelines on height and left voice mails still haven't heard back from them.

    xtexasbabex prehired.com is a open domain for sale.
     
  5. Colorato

    Colorato Road Train Member

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    Doesn't sound like it. Generally the lower line is CATV or phone. Minimum height over a road is 14'. Any lower than it's there issue. Probably why they didn't pursue it.
     
  6. Mark Kling

    Mark Kling Technology Contributor

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    Kind of odd that you traveled on this road for a year without issues and suddenly a low line... sounds like a temp line was hung and not pulled up correctly.

    When I pulled telephone cables across roads 14' was the minimum height..

    If they put it on your DAC, I would dispute it. So far $0 in damage was noted.

    Mark
     
    Last edited: Jul 10, 2012
  7. dptrucker

    dptrucker Road Train Member

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    even if the cable is too low. how is it a non preventable? drivers are still responsible for not hitting anything. specially low hanging wires, branches, and building roofs
     
  8. Ayn

    Ayn Bobtail Member

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    1) This area never had the issue before
    2) It bypassed the tractor and caught on the trailer
    As per the Pennsylvania power company the cables are to be at no lower than 14' this company may have other guidelines but im sure they are close to same.
     
  9. Klatu

    Klatu Road Train Member

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    Yea, but the problem is the company she works for won't change anything. Even if the driver didn't do anything wrong. Even if they didn't put it on her DAC, when she goes to get another job, they will report it to hiring company. I had a non reportable. They still told the company I was hiring on to. This is one of those grit your teeth situations.
     
  10. PackRatTDI

    PackRatTDI Licensed to Ill

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    I've said it before, God Himself could take His mighty hand, flick His middle finger and thumb and knock your truck clean off the road, say "Thou hath been OWNED" and your company safety director would still rule it preventable.

    It's reasonable to assume, unless otherwise marked, that any object over a road that isn't a residential road or otherwise posted "no truck traffic, etc" is at least at the statutory height of 13'-6". IMO, it should have been a non-preventable.