Non Preventable Incident

Discussion in 'Questions From New Drivers' started by Evie3, Aug 1, 2018.

  1. Evie3

    Evie3 Light Load Member

    101
    79
    Mar 22, 2017
    0
    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.
     
    Lepton1 and Wargames Thank this.
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Chinatown

    Chinatown Road Train Member

    76,088
    175,004
    Aug 28, 2011
    Henderson, NV & Orient
    0
    Maybe there's some security cameras in the area that recorded what happened.
     
    justa_driver and Wargames Thank this.
  4. TripleSix

    TripleSix God of Roads

    18,705
    131,103
    Apr 10, 2009
    Copied in Hell
    0
    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.
     
  5. RoadRooster

    RoadRooster Road Train Member

    4,121
    6,709
    May 10, 2015
    Fort Myers, Florida
    0
    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.
  6. pmdriver

    pmdriver Road Train Member

    2,338
    3,503
    Nov 14, 2017
    0
    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.
     
    Lepton1 and mjd4277 Thank this.
  7. Evie3

    Evie3 Light Load Member

    101
    79
    Mar 22, 2017
    0

    Yes, thank you, this is the diagram from the police report which was emailed to us electronically. The mercedes was vehicle 2:

    upload_2018-8-1_13-1-3.png 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.
  8. TripleSix

    TripleSix God of Roads

    18,705
    131,103
    Apr 10, 2009
    Copied in Hell
    0
    He is listed on the lawsuit. So is the company. No need to ask him. If they could, they would list the shipper whose load he was carrying.

    What’s the story with Vehicle 3?
     
  9. line

    line Medium Load Member

    388
    439
    Dec 28, 2017
    0
    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.
     
  10. Evie3

    Evie3 Light Load Member

    101
    79
    Mar 22, 2017
    0
    My understanding is that vehicle 3 was merging onto the highway and when the mercedes bounced off the truck its right rear end hit the front of vehicle 3 where indicated. Son said that was relatively minor damage to vehicle 3. That was the driver that backed my son up (as well as the physical evidence, son says the mercedes driver told the police a story that was contradicted by the physical evidence).
     
  11. Evie3

    Evie3 Light Load Member

    101
    79
    Mar 22, 2017
    0
    Thanks a million, that's very reassuring. The LTL definitely has more money than daddy. IDK, maybe that's why they are suing. Honestly, if I was the LTL, no way would I settle a BS claim, I would think that would just encourage more BS claims. But I'm sure they have done the math on this and if the suit is not a huge one you are right, they may just settle to make it go away as not worth spending the time and money to defend.

    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.
     
    Dumdriver and mjd4277 Thank this.
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.