What to do when driver abandons truck

Maybe back in the day. Now most receivers will supply a copy, usually for a small fee. Unfortunately the carrier will probably get paid despite doing this.

 

ty all for your comments. I have told my husband almost the exact same thing. he did threaten to abandon the truck to the company... lo & behold they immediately sent him 425$ for fuel & food.told him to call when he needs more fuel. he also told them he didnt think he would continue working for them once he returned to ohio. they asked him to reconsider & wanted to talk to him before he made his mind up entirely. its like now they r falling all over themselves to keep him in the truck. i still dont trust them. I think if he goes out again they would start treating him just like they have the last 2 weeks. redforman, I do know that not all small companies perform like this. I think he just trusts too much. he should of researched them 1st. my one night of doing so blew me away with the odot reports & their change of addresses in the last 6 yrs. plus the public records brought up one of the owners having 3 felonies in fla & michigan. 1st thing i thought of was tax evaders. I just want him to c that there r other jos for him to go to. i found 5 alone on craigslist & there r about 20 locally hiring as well. i would rather he go with someone else. he did tell me he has copies of everything he has done & he planned on holding back a permit or something til he got what he should b paid. i will definitely let him know to make note of what he spent faxing & on the repairs he has done to truck, the oil etc. if any of u know of any companies that r hiring in ohio (he wants a terminal that is close to home) please let me know. he plans to b home sunday morning.

 

If it were me I would not stick around. I usually try to work through any conflicts, but it seems that these people are having problems and your husband could get caught in the middle. I would not hold back anything that belongs to them, including permits. I assume you are talking about the cab card? If everything has been returned to the company as well as the truck in good condition, then there is no reason for them to withhold any money that is owed to your husband. If he keeps anything that belongs to the company then he is at fault and it could cause problems for him. I would try to leave on good terms, but leave in any case. If your husband has a year or two experience and a good MVR then he should not have a problem finding a good job. Carriers are always looking for good drivers.

 

he called me this morning & told me that a driver gave him some info on another possibilty for a job. driving a flatbed out of kentucky. its a lil farther than what he wanted as far as a terminal but they claim he can drive the truck home. its only a 5-6 truck operation tho, that makes me a lil wary but I know not all lil operations operate as the one he is with now. Thing is that this outfit has bent over backwards now to accomodate him to get back to ohio. one thing bothers me, they claim he is not due a paycheck this week. that his 1st one will be next week & then "every" week after but this is the 2nd week he has drove. so I thought even with holding a week back they still owe him pay this week for last weeks run to the east coast. so now i wonder if they will come up with another excuse to keep his pay next week as well. he wants to give a 2 week notice but I think if he keeps driving for them they will go back to how he was treated up until yesterday. its just we r so strapped for cash right now, bills comin in & no way to pay them. i am awaiting for my app for ssi to go thru, we all know how long those take. I am unable to work due to a injury 3 yrs ago.
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Really?...You think that's worthy of criminal charges?...WOW!...I hope you never end up in a regulatory agency or position...If a company doesn't have in their contract, "company manual" or some other form of writing how they handle abandonments, that's their problem...It's not like it's unheard of and out of the realm of possibility...

 

As the driver of the truck, you are responsible for it from the time you pick it up until the time you return it to the company. If you abandon the truck in an unsecure/unauthorized location and the truck is subsequently broken into/vandalized/stolen/etc., why shouldn't you be held accountable? In my opinion, the carrier should also be able to sue the driver who abandoned the truck for the lost revenues that would have been earned had the driver returned the truck so that the company could have put another driver behind the wheel...in addition to the costs of recovery and repairing any damage.

Recovering & repairing an abandoned truck can be an expensive endeavor for a company. Perhaps criminal charges are a little much...but definitely a civil suit, judgement against the driver for costs incurred by the carrier, and wage garnishment against the driver's future earnings until the debt has been repaid.

Abandonments are easy to avoid: Simply return the truck & trailer to the carrier when you quit.

 

You should be if it's in your employment contract...And honestly, I think it's worthy of taking to court, just not criminal court...If it's not in your contract, you should be, but probably won't be held accountable...

Agree, and they can suit, heck, you can suit for almost anything, and if the court sees it your way, they have the ability to apply a judgment...Having owned and run businesses where employees have damaged or destroyed equipment(some thru negligence some not), it's not as easy as it sounds...The courts put the weight on the company to upfront address how the situation is to be handled...Without that, it's probably more cost effective to just get their truck back and get it on the road ASAP...

Again, agree...

 

Listen to what he is saying. Abandonment will fallow you like the black plague . Sounds like he is working for crooks.

 

I don't recall hearing about drivers abandoning their equipment until recent years. I am sure that it happened, but I don't remember hearing about it. If you file a civil suit and get a judgment it may be difficult to collect. Those who usually abandon their equipment are likely to move around a lot. Criminal charges would be the best way to handle it. If a few were charged it would put a stop to it. It costs a company a lot of money to recover equipment. Sometimes there are also repairs which must be done and possibly having to detail the equipment. Anyone who abandons his equipment should have a criminal history that will follow him. I would also support having him lose his CDL permanently where he could never driver a commercial truck again.

 

A/C is no reason to abandon. When my A/C went out during that big heat wave over the summer, my number one priority was getting the load delivered. Yeah, it was 118 outside. I drank a lot of water. Dealt with it for five days before I could get it fixed. But dumping the truck was the furthest thing from my mind.

There are very few reasons to "abandon" a truck, and even fewer to leave it anywhere other than a terminal/yard. And there's never a reason to leave it on the side of the road. Now "abandon" is in quotes, because some companies have expanded their definition of "abandonment" to include even returning it to a terminal without notice in an attempt to penalize drivers for exercising their rights under "at will" laws. Now there's very few reasons for not giving notice, but if the driver has done everything in his power to do the right thing and the company still refuses to budge, what do you expect? At some point, when all the diplomacy in the world fails, enough is enough!

Now I can take no A/C for a few days. I can take no heat for a few days (unless it's like -25 with a stiff wind). I can take no radio, or a cab light not working, or the cabinet door won't stay shut, so on. It's an uncomfortable job, there's going to be bad days and little things going wrong, a lot of aggravation, and you're made well aware of this going in. If you can't take it, don't go in. That simple.

Luckily, I've never been in a position to have to lay it out to a company. But if that truck is broke to the point that it cannot be driven safely (as in it could kill me or someone else), if it can be driven at all, that truck will only be driven long enough to get it to a repair facility. The law does allow for getting the truck to a shop. Beyond that, the company's choices will be fix it or pick it up. I'll stay with it until the end, whichever way it goes, but I'm not going to risk my life or someone else's over a load or a truck. If a wheel comes off, or the brakes fail, or the steering locks up, and the truck flips/rolls, the load's wasted and doesn't get delivered anyway, the truck's wasted, and the driver's wasted, as well as anyone he takes out with him. What's the point in that? Who wins?

But the little things? That's why you carry a 12v fan or two, duct tape, electrical tape, bungee cords, twist ties, bulbs, fuses, zip ties, small electrical repair kit with butt connectors and such, a few screws, nuts, bolts, and washers, and a tool box with a few basic hand tools. And a little common sense.

If the company refuses to fix it to DOT standards, I'm not going to have the liability and fines over my head...their refusal to do their part is on them. But I will do my part, and rest assured, I'm staying with that truck til the end.