Question from a semi-Newbie

I'm coming up on my first year in trucking (solo). I have been with Swift now for 14 months and 11.5 of that is solo. I had a perfect driving record with 3 weeks to go until I collected on my safety bonus. Then, things get interesting. Now, I've been a big proponent of Swift and have always had good things to say about them. They are a good company for the most part and they have been good to me. However, I can't help but think they have royally screwed me here and I'm not sure how to fight it. Some veteran wisdom would sure help... I definitely want to fight it but I don't want to put my job in jeopardy either.

In December of this past year I was at a Swift terminal and after fueling, I pulled forward to let the guy behind me pull up and get fuel. Common practice, something 90% of the truckers do. No big deal. There are zero no parking zone signs, nothing at all that says do not pull up... pretty much, a huge open space. _EVERYONE_ pulls up and not a once have they ever said not to pull up, safety has nevber said so... nothing.

Anway, after pulling up I go inside and turn in my bill of ladens and use the restroom, then walk back outside. I was inside for five minutes, max. If that, honestly. I walk back outside and a van guy has totally wiped out the front of my truck. I mean, smashed it to bits. It wasn't so bad that he hit me but after he hit me, you could see on his trailer that after the first contact he just kept going. He drug his trailer across my tractor frontend for a good 65% of the trailer length and cleared it before he stopped.

Keep in mind, we're talking around a fuel island and there was at least a good 200 yards of open space in any direction to swing around and make your turn and this idiot swings around so tight around me he drags his trailer 65% of the way down my tractor... so he was WAY off line and worse yet, he neber stopped untul after he was clear from my tractor. I go outside and look up and see my tractor and I'm like, WTF!!! So, we snap pictures, the safety guy comes down and we do the whole accident camera crap.

Then, this past week as I was nearing my year in review and expecting to get word on my safety bonus I was informed that accident was _MY FAULT!!!!!_ Are you serious? I had a talk with the safety guy and he said, and I quote: If you are waiting in line for fuel but you're not at the pump and get hit, it is YOUR fault and if you pull forward in an open space far away from other trucks but get hit, it is YOUR fault. The only time it is not your fault is when your truck is at the pump.... my jaw dropped. How utterly ridiculous.

My truck was parked. Ignition turned off. It was not in an intersection nor was it blocking traffic. It was pulled in front of a fuel island far, far, far away from truck traffic other than other people pulling out of the fuel island.

Ruined my perfect record.

Is this legal? Is this bs? Can I fight it? How can I fight it? Do I need a lawyer? What can I do to get this crap reversed because this is total bs.

 

To the guy who posted the picture, I understand there are bad drivers in the Swift fleet. To the other guys, yes, I know they screwed me. My question is how on earth do I go about fighting this? I've never _had_ to fight anything like this and have no idea if there are any resources out there to help me out. What steps should I take? I appreciate the responses, I do, but I'm not really looking for someone to point out the obvious here. I got screwed and they forgot the lube... now what do I do?

 

Yes, there are witnesses and it was turned in with the camera. Swift doesn't deny that I was parked where I say I was parked. They don't deny anything I say. They are saying that if you park in front of the fuel island OR park behind it waiting in line to get fuel and you're not in a "parking space" then it's your fault if you get hit. Despite there being zero "no parking" signs, zero "do not pull up signs" or anything like that.

They are basically saying that if you go to a Swift Terminal OR a truck stop to get fuel, you cannot pull up to the pumps until one is empty and must wait in a parking spot until one is open, then pull into the pump and stay there until you are ready to leave. As far as the facts, they don't dispute anything about the actual "facts" of my accident. They are saying if I weren't there I wouldn't have been hit -- their exact words.