Preventable Incidents

So are you saying the driver always holds 100% responsibility, even in situations like white wolf listed above (and was won in court by white wolf's co, as the janitor/spotter "accepted" responsibility when he acted as a spotter)?
I do understand the driver is nearly always the sole responsible party, but if the gate was out of view, and under direct open/close control of the guard who waved her forward, I would think she has legitimate grounds to dispute liability. (similar to white wolf's case)

 

Somebody wanna tell me what over tire knives means?

 

"Tire knives" or tire spikes are strips of "forward only" spring loaded "fingers" (in a row) at a gate or driveway entrance to prevent someone from driving outward on gate entrances,, or inward on exit gates. If you try to go the wrong way, they supposedly will puncture most tires.
Here's a pic:

 

I'm just saying that when you're behind the wheel you are responsible. Personally if I parked up against a gate or an arm I wouldn't move until I knew for sure it was up or open. No matter how close you are to an arm gate it's easy to tell if its up or down. As for wolfs post, I'd say the company got lucky. I don't care if I have 50 spotters, I'm not making a move until I personally check to be 100% sure I'm not going to hit anything. Maybe that's why I have zero preventables on my record.

 

ohhhhhhhhhhhhhhhhhh ya that would do some serious damage.Better busting the gate then the steers.I broke the arm at Tyson.Never got charged for it.They have lots of arms.Guess that's happened more then once,lol.

 

I had been thinking of "dynamic" situations when I posted about the spotters, but neglected to include that in last post.
That is, you have to back out of alleyway into 2-lane traffic street. You have a spotter on the street to signal you "all clear to back". There would be NO way for you, (even with 50 spotters) to GOAL, then walk back to your tractor and "know" it's safe to back. (traffic is "dynamic", not static)

I believe the spotter would be totally responsible in this scenario, unless it were a case where you failed to heed his signal.
I'd like to know past case law on which way a court ruling went.

 

There is no way I'd put myself in a position where I'd be backing out of an alley into two lane traffic. It's my CDL. I'll choose which situations I will put myself in. If I don't like the situation I avoid it. If the company I'm working for doesn't like it they can kiss my ###. Driving jobs are a dime a dozen.