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Pushing new driver to work ore and accident

Discussion in 'Questions From New Drivers' started by trucko, Jun 18, 2017.

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  1. Jun 18, 2017 #1
    trucko

    trucko Medium Load Member

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    So my friend is new Truck driver. He was doing delivery and his company dispatcher urged him not to rest and continue working. I do not know it was over log book limit or not, but my friend responded with text message that he was too tired and he could not make it. But then boss wrote him message and insisted him to pick up the load.

    He was parking in the Truck stop and hit another truck.

    What happens in this case. He has kept the text messages that his company was insisting him to work and there are his responses that he is asking them to give him time to take rest.

    Do you know precedents, I believe there will be many precedents. Who is going to pay insurance deductible. Does he have any chance to make the company pay insurance deductible?
     
    trucko, Jun 18, 2017
    trucko, Jun 18, 2017
    #1
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  3. Jun 18, 2017 #2
    Mark Kling

    Mark Kling Technology Contributor

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    The driver is in control of their Log Books, not dispatch. If the driver feels they are tired they can tell dispatch and if coerced then the FMCSA provides regulations to protect the driver.

    The driver should have held their ground and not moved if over hours or too tired.
     
    Mark Kling, Jun 18, 2017
    Mark Kling, Jun 18, 2017
    #2
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  4. Jun 18, 2017 #3
    Mr Budeedee

    Mr Budeedee Light Load Member

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    You drive....you hit something or someone.... It's on YOU. It may not be fair but that's how it is...
     
    Mr Budeedee, Jun 18, 2017
    Mr Budeedee, Jun 18, 2017
    #3
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  5. Jun 18, 2017 #4
    trucko

    trucko Medium Load Member

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    That is not fair, because what if Earth stops spinning and you hit something with 400 mph speed. Who is responsible? You? Why?
     
    trucko, Jun 18, 2017
    trucko, Jun 18, 2017
    #4
  7. Jun 18, 2017 #5
    UsualSuspect

    UsualSuspect Road Train Member

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    If that were to happen you have more to worry about than a fender bender. Your friend's asset is his license, and protecting it. He should have stood his ground, and when rested looked for a new company. He chose to drive, and while it may sound heartless, he hit the truck, no one else. He made a bad choice, and now he is paying the price for it.
     
    UsualSuspect, Jun 18, 2017
    UsualSuspect, Jun 18, 2017
    #5
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  8. Jun 18, 2017 #6
    Mark Kling

    Mark Kling Technology Contributor

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    And don't forget the sun jumping its orbit and replacing the moon.
     
    Mark Kling, Jun 18, 2017
    Mark Kling, Jun 18, 2017
    #6
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  9. Jun 18, 2017 #7
    Raezzor

    Raezzor Quis custodiet ipsos custodes?

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    That is some crazy level rationalization there. As much as it sucks being tired isn't an excuse for hitting something. Your ship, your responsibility. There may be some liability placed on the owner IF something lands in civil court. As for the deductible and such that'll be handled by the owner first. Whether or not they can deduct that from driver's pay is up to alot of factors that are a little beyond the scope of this post.
     
    Raezzor, Jun 18, 2017
    Raezzor, Jun 18, 2017
    #7
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  10. Jun 18, 2017 #8
    PhilKenSebben

    PhilKenSebben Light Load Member

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    Get real, man. Your friend already tried to tell them that he was tired. His bosses didn't jump through his qualcomm and put a gun to his head. Nor did they say they were going to fire him. Your friend decided to try and be super trucker and hit someone. He's at fault.
     
    PhilKenSebben, Jun 18, 2017
    PhilKenSebben, Jun 18, 2017
    #8
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  11. Jun 18, 2017 #9
    REO6205

    REO6205 Road Train Member

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    Any time a driver hits a stationary object he's very probably at fault. Tough, but true.
    There's no precedent here, just bad decisions by the driver, the dispatcher, and the boss.
     
    REO6205, Jun 18, 2017
    REO6205, Jun 18, 2017
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  12. Jun 19, 2017 #10
    driverdriver

    driverdriver Road Train Member

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    You don't have a leg to stand on. You should of stood your ground and told your boss your not moving till your safe to do so.
    Its completely your fault.
    As far as who's paying the deductible that depends on if you signed an agreement stating you agree to do so when you were hired.
    I'm guessing you work for a small outfit.
     
    driverdriver, Jun 19, 2017
    driverdriver, Jun 19, 2017
    #10
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