Hi, I hope you all don't mind my asking for any input from people who are experienced with this stuff. Son drives at night for an LTL company and he should be sleeping now. I don't want to bug him as he is a bit stressed out about this. He was involved in an incident a year ago where a lady was merging onto a highway in the NYC area (really congested) and she cut into my son's lane at an angle and bounced her father's mercedes off my son's right front (passenger side) wheel hub. No damage to his truck and the mercedes was drivable but very badly damaged (needless to say). If I'm remembering correctly, that lady messed up her father's 1 year old mercedes pretty badly (wow, I wouldn't want to be her). There was a driver behind the mercedes that was also slighly affected. The mercedes driver tried to claim that my son was in the wrong, but the other witness backed him my son up (he was just safely driving straight ahead in the center lane when the accident occurred) as did the police investigation and police report. My son says he thinks she got a warning of some kind (not sure). Anyway, son's company investigated at the time and it was ruled non preventable.
Terminal manager told him today that the mercedes driver has filed a lawsuit against the company and my son. Company is defending and asked son to call their lawyer, and he may wind up needing to appear in court on behalf of the company. Any insight into what is likely to happen at this point and if it's likely to affect my son's career? He hasn't had any other preventable traffic incidents in the past year (just another nonpreventable where he was at a dead stop not far from a serious accident and a fire truck moving fast took off the side mirror of his truck) and there have been the normal ups and downs but things have been going well for him overall, I would hate for this to create a problem. Thanks in advance for any insight about what is likely to happen.
Non Preventable Incident
Discussion in 'Questions From New Drivers' started by Evie3, Aug 1, 2018.
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Maybe there's some security cameras in the area that recorded what happened.
justa_driver and Wargames Thank this. -
Your son was driving along, in 1 lane, no lane changes, correct? She hit him, according to him and the eyewitness, correct? She merged on the highway and went straight towards the middle lane, correct?
Your son has nothing to worry about. He will do a short phone conference with the lawyers and he will probably never hear anything else ever again.
HOWEVER, if they are wanting him to appear in court, tell him to get his own lawyer. The companies lawyers work for the company. They are on the defense docket too. And your son is listed separately. If he shows up to court, he will be the only one there without an attorney. Odds are, they will stuff this before it ever gets that far, but just in case it does go there, have him lawyer up with his OWN lawyer.justa_driver, John B. Hood, Tb0n3 and 5 others Thank this. -
It won't go to court. Company will settle just to make it go away.
If it does go to court, they will only sue for the amount of the insurance policy figuring they won't get anything from your son.
The question becomes, is your son named in the suit. If so, and it goes to court, he should look at the amount of the claim versus the amount of the policy. If the suit is more than the policy coverage, then hire a lawyer.22dragoo Thanks this. -
The reasons why a camera recording both sides, whats going on in front and rear should be in every drivers arsenal now. Make sure those cameras are not the ones that need a jolt to activate, the ones with continuous recording are best, with a way to show officers right away as what was going on. These ambulance chasers have gotten out of control. protect yourself because most likely if you are a employee you will be thrown to the wolves.
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Yes, thank you, this is the diagram from the police report which was emailed to us electronically. The mercedes was vehicle 2:
Hopefully this will just go away like everyone says. I will have to ask my son if he is officially named in the lawsuit or if he is just being asked to show up (if necessary) on behalf of the company. He did say they will pay him to show up if he is asked to, he's not too happy about that prospect because he doubts they'll pay what he would normally make driving. I seem to remember that he signed up for that legal defense service option as part of his benefits, hoping it doesn't come to that, though. Have to say I'm a little surprised that the mercedes driver would even sue, although this was NYC, I'm sure there's a lot of sue-crazy stuff going on in that neck of the woods.
SingingWolf, Lepton1 and mjd4277 Thank this. -
What’s the story with Vehicle 3? -
No one can speak to the outcome of this case , but no citation and non prevent = no injury to his career . The only time a non prevent affects your career is when a fatality is involved . I believe Walmart won’t hire drivers with a fatality even if not at fault. The LTL has more money than daddy. And I assume your son is testifying to the incident , not as a defendant . Individuals aren’t sued normally , companies are.
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And thanks to all you truck drivers out there. Like most civilians I was completely clueless about this industry before son got involved around a year and a half ago. It's hard and really extremely skilled work, and dangerous. And our country would be crippled without it.
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