Not Even In The Truck

Discussion in 'Trucker Legal Advice' started by Grouch, Aug 13, 2017.

  1. Grouch

    Grouch Road Train Member

    2,022
    4,067
    Feb 3, 2009
    Between here and eternity
    0
    Can a company put an accident on a driver's record even tho the driver was not even in the truck at the time. The truck was parked in a "staging area" on the property of a milk receiving plant, the driver had walked his paperwork into the receiving office and was walking back to his truck when another truck was pulling out of the "staging area" to get on the scales when he "clipped" the left front fender of my truck. Very little damage, which was never repaired, no police since it occurred on private property. No accident report was ever filled out by myself, but yet a few weeks ago I find out that this accident is in my personnel file as an accident. This happened over 2 years ago and just came to light when I applied for another trucking job.
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

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

  3. Alaska76

    Alaska76 Road Train Member

    1,228
    1,653
    Jan 20, 2014
    Inland Empire, WA
    0
    Man, would I ever challenge that. Does it claim you are at fault?
     
    astright Thanks this.
  4. passingthru69

    passingthru69 Road Train Member

    So you never called it in or did paperwork on it getting hit
    That's why it's in your record. Failure to report..
     
    CrappieJunkie Thanks this.
  5. Grouch

    Grouch Road Train Member

    2,022
    4,067
    Feb 3, 2009
    Between here and eternity
    0
    Listen, maybe I did not state that fact. I did call it in. You think I just "got off the boat yesterday". My god! Been at this for 54 years and get a question like this.
     
    nikmirbre Thanks this.
  6. Grouch

    Grouch Road Train Member

    2,022
    4,067
    Feb 3, 2009
    Between here and eternity
    0
    No it states on my file that it was "Non-Preventable".
     
  7. brian991219

    brian991219 Road Train Member

    2,778
    5,361
    Aug 10, 2013
    Lords Valley, PA
    0
    Yes they can, and they did it correctly by declaring it non-preventable. There was damage to your assigned truck while you were responsible for it. Now had they marked it as preventable I would contest that. A quick explanation of the situation should clear up any problems with any future employers.
     
    magoo68, QuietStorm, Bean Jr. and 5 others Thank this.
  8. brsims

    brsims Road Train Member

    5,295
    6,513
    Aug 8, 2009
    Meadville, PA
    0
    Non-preventable.

    That's it. Accident occurred, absolutely nothing YOU could do to prevent said accident from occurring (as you weren't even in the truck at the time).

    Company probably only kept it in file to account for the (minimal) damage to the truck.

    Nothing to worry about, driver. If any other carrier refuses you due to this, probably not a carrier you want to work with anyway.
     
    magoo68, QuietStorm, x1Heavy and 4 others Thank this.
  9. pattyj

    pattyj Road Train Member

    22,474
    20,134
    Jul 19, 2008
    Sioux City,ia
    0
    Since you called it in the day it happened you should fight it.I got clipped at a truck stop in Worthington MN he hit me pretty hard I had to get the hood replaced my bosses neighbor fixes trks so he got a discount.Anyway I never got the guy who did that because it was dark and I was sleeping at the time.When I woke up he was already leaving the lot.Anyway my boss never put that on my record.
     
  10. CrappieJunkie

    CrappieJunkie Wishin' I was fishin'

    3,962
    18,325
    Mar 9, 2014
    In a van down by the River.
    0
    54 years? And you can't realize that a non-preventable is no big deal? And you suddenly remembered that you called it in when questioned on it.

    Yeah, okay. If you say so.
     
  11. Grouch

    Grouch Road Train Member

    2,022
    4,067
    Feb 3, 2009
    Between here and eternity
    0
    You know explaining it to some drivers is like talking to a pole. I never found out about it being put on my record, in other words to make it very clear to a 5 year old, it only came to my attention when another company who was interested in hiring me ran a reference with my present employer. Yes, I did call it in the moment it happened, No, I never filled out an accident report because the present employer never required one. During the "call-in", after I gave the General Manager all the details, his words were O.K. forget about it. Which I did.
    Should have known better to even mention it here, from some of the responses,
     
    Last edited by a moderator: Aug 13, 2017
    Reason for edit: Political statement removed
    x1Heavy, gokiddogo and flatbeb mac Thank this.
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

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