Advice Please

Topic 29305 | Page 1

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Kim P.'s Comment
member avatar

I've been driving for over 26 years and just had my first accident. It was bad foggy and a heavy mist of rain. I pulled out from a truck stop and I was straight in the road when a 4wheeler come around me and when he come back over he hit the front corner of my truck. It was my fault and is listed on my cdl's as a preventable accident. I did not receive a ticket and the trooper told me to make sure I was at court. The judge dismissed with court cost. The wreck is listed on my cdl's and I'm still working with the same company. My question is, will the accident remain on my license? And how much will this effect looking for a new job? Thank you for any advice!!

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.
PJ's Comment
member avatar

Welcome to TT.

Your description confuse’s me in a couple ways. You say the 4 wheeler made a lane change and hit you, and the collision was your fault. How?? Based on that it sounds like the 4 wheeler made a unsafe lane change, which sould be the primary collision factor.

Second you said you were not cited but had to appear in court. Why?? If you were not cited for anything, there should be no reason to go to court.

You say the judge dismissed the case. There should not be anything to dismiss if you were not cited for anything.

Most states put collisions on your driving record regardless who was at fault. The normal term is 3 years from date of collision.

As far as getting another job, that is up to each company what weight they give to the details. If you don’t have a copy of the police report, you should get one to be able to provide that to a potential new employer.

Rick S.'s Comment
member avatar

Couple of additional questions here...

Was the wreck DOT REPORTABLE (that is - did anyone leave the scene in an ambulance - and/or - was any vehicle required to be towed from the scene)? Even if NOT AT FAULT - at DOT Reportable Wreck will be on your FMCSA PSP.

How did the SAFETY DEPARTMENT of your company deal with the accident?

As PJ elaborates - I cannot really see how another driver making an improper pass and striking your vehicle puts you at fault in any way. So I'm unsure why you are saying it was YOUR FAULT - unless (as your story goes) you pulled out from the truckstop into a main road - IN FRONT OF SOMEONE (versus letting them go by first), forcing them to go around you in order to NOT HIT YOU (failure to yield - as vehicles already on the highway have right of way over vehicles entering the highway from a parking lot or other road).

Appearing in court. Are you SURE YOU WERE NOT CITED? Do you have a copy of the LONG FORM ACCIDENT REPORT? Since the officer didn't WITNESS THE ACCIDENT THEMSELVES - any citation issued would likely be dismissed, as the officer cannot testify to something he didn't witness (and anything in the accident report would be from statements of both the drivers - hearsay) - which is why he likely advised you to make an appearance and plead your case in person.

All that being said - CHECK YOUR PSP - and see if you are listed "at fault". Was it DOT REPORTABLE? What did your SAFETY DEPARTMENT SAY? If you're still at the same company and driving, THEY obviously didn't consider it serious enough to show you the door (a plus in your favor). But applying to a NEW COMPANY, with a recent (and purportedly AT FAULT) accident on your record is not a good thing. Assuming that your "driving for over 26 years" is DRIVING A TRUCK - having one accident in all that time (and no citations) works in your favor.

At this point though - we're lacking some details that would help form an honest opinion...

Rick

CSA:

Compliance, Safety, Accountability (CSA)

The CSA is a Federal Motor Carrier Safety Administration (FMCSA) initiative to improve large truck and bus safety and ultimately reduce crashes, injuries, and fatalities that are related to commercial motor vehicle

FMCSA:

Federal Motor Carrier Safety Administration

The FMCSA was established within the Department of Transportation on January 1, 2000. Their primary mission is to prevent commercial motor vehicle-related fatalities and injuries.

What Does The FMCSA Do?

  • Commercial Drivers' Licenses
  • Data and Analysis
  • Regulatory Compliance and Enforcement
  • Research and Technology
  • Safety Assistance
  • Support and Information Sharing

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

Fm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
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