Owner/Operator involved in an accident.

Discussion in 'Expediter and Hot Shot Trucking Forum' started by unklphil, Oct 1, 2021.

  1. unklphil

    unklphil Bobtail Member

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    Nov 22, 2019
    Ocala, FL
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    Hi everyone, I’m looking for some guidance. I was involved in an accident in June (my first accident, ever). I did contact my insurance, a police report was made, and I also have a lawyer handling things. It was determined I was not at fault and the other parties insurance is paying for the repairs to my property. My question is as an O/O should I have reported the accident to my drug consortium or some other agency? Are there other forms I should’ve filled out and keep on file? My truck did have to get towed from the scene, however the party at fault was able to drive away. I recently read that testing was to be administered within 8hrs for alcohol and within 32 for drugs. Accident was on a Friday at 6pm, I got towed to a Loves at 1:30am and was stuck there all weekend until I could get into the nearest dealership to diagnose my trucks damage Monday morning. So I couldn’t get to a testing site if I wanted to, even though there were none where I was at. I was selected for a random drug screening in July (3rd quarter) which I took and passed. This is all new territory for me and I want to make sure I don’t get put out of service, fined, or have my CDL revoked, etc.. Thanks in advance for any and all help. Hoping to get back rolling ASAP.
     
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  3. 062

    062 Road Train Member

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  4. drlmi

    drlmi Light Load Member

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    unklphil and Judge Thank this.
  5. nikmirbre

    nikmirbre Road Train Member

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    I believe it’s IF the other party was towed. I don’t know how who was at fault plays into the equation….
     
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  6. Grumppy

    Grumppy Trucker Forum STAFF Staff Member

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    I haven't researched this specifically, but my understanding has always been, that if a (any) vehicle is towed from the scene, you both have to take a alcohol/drug test.

    I'll add this; just 2 weeks ago a co-worker was involved in an accident when he claims a log truck backed into his hood at a red light. Log truck left the scene. Trooper showed up, made a report, showed our driver NOT at fault, but his truck had to be towed because of a water leak from the accident. Our company made him take an alcohol /drug test.
    I'm not saying this is the law but its company rule at minimum. Again, its my understanding that if any vehicle is towed, both drivers have to be tested.

    In my opinion, you should have called your drug testing consortium & they would have found you the closest test site and you would have had to Uber or taxi etc to the facility to get tested. Most walk-in clinics (24/7) will drug test.
     
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  7. jamespmack

    jamespmack Road Train Member

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    Had this happen, driver was at fault. Pretty minor. But in the mass confusion and trying to reschedule delivery no one instructed driver to take a test. Put it this way. If you failed to submit in required time, stop talking about it and hope you don't get a audit for sometime. There is ZERO going back and fixing, or submitting after time frame. Makes you look worse. Move along.
     
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  8. Judge

    Judge Road Train Member

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    Most companies do that to prove beyond a reasonable doubt, you weren’t on any drugs or alcohol, but it is required of death has occurred.

    I had a guy crash into the back of my trailer about 10 years ago on I-40 in Memphis cause we can run 55 and them 65, and he was swerving in and out of traffic and hit my trailer, blew out a tire, ripped mudflap off, he spun outta control and ran off road.

    my company didn’t make me do any drug or alcohol tests, as I wasn’t at fault and I asked a TN trooper/dot officer, and he said only required if death had occurred, but that could be just TN.
     
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  9. Wasted Thyme

    Wasted Thyme Road Train Member

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    Well it's almost October. Little late for the drug test now. LOL
     
  10. unklphil

    unklphil Bobtail Member

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    Nov 22, 2019
    Ocala, FL
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    Thanks for all the replies everyone. I greatly appreciate all the helpful input. I think I’m just going to ride it out as it’s now a few months since and if it does come up I will have to claim sheer ignorance. I just wanted to know the correct protocol, god forbid, this ever happens again.
     
  11. nikmirbre

    nikmirbre Road Train Member

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    Also to add.......My experience in this is, I was hit while sitting still changing lanes(in a traffic backup) from behind. The other vehicle was towed(she wanted it towed as a precaution) I was leased to Landstar at the time and they were gonna make me go take a drug test.....until the trooper spoke to safety and let them know that it didnt need to be towed, the other party wanted it towed.
     
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