First At Fault Accident

Topic 30512 | Page 2

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Rob T.'s Comment
member avatar

From FMCSA website :

§383.51 – Disqualifications of Drivers – General Questions

Guidance Q&A Question 4: What is meant by leaving the scene of an accident involving a CMV?

Guidance: As used in part 383, the disqualifying offense of “leaving the scene of an accident involving a CMV” is all-inclusive and covers the entire range of situations where the driver of the CMV is required by State law to stop after an accident and either give information to the other party, render aid, or attempt to locate and notify the operator or owner of other vehicles involved in the accident.

I believe you have a valid argument about not feeling it. However if you do end up being cited and found guilty its a minimum of 1 year Disqualification from driving. Not trying to scare you just trying to shoot straight with you. The fact he didn't issue you that citation at the time should work out to your favor. Were you issued any citations at the scene? If you receive any tickets HIRE A LAWYER.

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

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards

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.
Smart C.'s Comment
member avatar

Yes, I don't think it's fraud. I think I backed up, stopped in time.....but it caused her to run into me because she didn't expect me to be backing in that situation. The first cop actually told me she hit me. He left for some reason.....and the second cop said he wasn't sure...that's when I admitted to reversing....so we were just left unsure.

I'm just hoping I don't get charged after the fact with fleeing the scene. I think that would just about end things for me.... when all were talking is just some paint transfer/no injuries. I didn't feel it. She never blew the horn or anything. Would be a shame.

I hit submit too quick. I meant to say I am sorry this happened to you. We all learn some lessons out here the hard way. Hopefully this will stick with you and you'll always remember how serious the consequences are of backing up where you shouldn't.

We actually understand. There's been a lot of times where I was tempted to do something crazy in a truck, but the important thing is recognizing what's crazy and what is proper. Keep you head on straight and you will get it all figured out. Never back a truck up without knowing what is behind you or what could potentially come in behind you during the process.

BMI:

Body mass index (BMI)

BMI is a formula that uses weight and height to estimate body fat. For most people, BMI provides a reasonable estimate of body fat. The BMI's biggest weakness is that it doesn't consider individual factors such as bone or muscle mass. BMI may:

  • Underestimate body fat for older adults or other people with low muscle mass
  • Overestimate body fat for people who are very muscular and physically fit

It's quite common, especially for men, to fall into the "overweight" category if you happen to be stronger than average. If you're pretty strong but in good shape then pay no attention.

Dm:

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.

OWI:

Operating While Intoxicated

Smart C.'s Comment
member avatar

Yes, I've already made up in my mind I'll hire a lawyer if neccsary. No, no citations today. I just really hope the prosecutor/court is aware that is very difficult to feel a sedan hit the center of the rear bumper going likely less than 8 miles per hour. So frustrating.

From FMCSA website :

double-quotes-start.png

§383.51 – Disqualifications of Drivers – General Questions

Guidance Q&A Question 4: What is meant by leaving the scene of an accident involving a CMV?

Guidance: As used in part 383, the disqualifying offense of “leaving the scene of an accident involving a CMV” is all-inclusive and covers the entire range of situations where the driver of the CMV is required by State law to stop after an accident and either give information to the other party, render aid, or attempt to locate and notify the operator or owner of other vehicles involved in the accident.

double-quotes-end.png

I believe you have a valid argument about not feeling it. However if you do end up being cited and found guilty its a minimum of 1 year Disqualification from driving. Not trying to scare you just trying to shoot straight with you. The fact he didn't issue you that citation at the time should work out to your favor. Were you issued any citations at the scene? If you receive any tickets HIRE A LAWYER.

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

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards

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.
Truckin Along With Kearse's Comment
member avatar

Take a minute and breathe.

No lawyers needed. Prime will pay the damages. Prime is not going to fire you. Worst case... They will send you to the safety SIM class which you have been here a year anyway right? So it is about time to redo that anyway. And you will get paid $100 for the class.

They know you wont feel it hit. Other people have swiped parked cars and not known. You are not going to get fleeing the scene. I will pay you $500 if you do.

I said that here publicly cause im that sure.

If you have no other incidents and have been a productive driver and on time they are not going to let you go for a minor thing. You didn't kill anyone... No one got run off the road.... The truck didn't flip...nothing was on fire...

And you didn't lie.... Cause they can actually see what gear you are in. Now... If you said you never reversed and she said you did and they pulled your stats and saw you in reverse... That would be a different story. They wouldn't trust a liar.

You will be fine.

Smart C.'s Comment
member avatar

Really appreciate the reassurance....means a lot coming from yourself (I'm guessing you're still at Prime). No, no other incidents other than that Swift truck running into me while parked at a Flying J (still can't believe it) Good point about admitting the reverse. Another driver was disappointed that I admitted it, saying to never admit such a thing. I think I need to tell him how terrible advice that is.

Take a minute and breathe.

No lawyers needed. Prime will pay the damages. Prime is not going to fire you. Worst case... They will send you to the safety SIM class which you have been here a year anyway right? So it is about time to redo that anyway. And you will get paid $100 for the class.

They know you wont feel it hit. Other people have swiped parked cars and not known. You are not going to get fleeing the scene. I will pay you $500 if you do.

I said that here publicly cause im that sure.

If you have no other incidents and have been a productive driver and on time they are not going to let you go for a minor thing. You didn't kill anyone... No one got run off the road.... The truck didn't flip...nothing was on fire...

And you didn't lie.... Cause they can actually see what gear you are in. Now... If you said you never reversed and she said you did and they pulled your stats and saw you in reverse... That would be a different story. They wouldn't trust a liar.

You will be fine.

SAP:

Substance Abuse Professional

The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

Dm:

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.
Pacific Pearl's Comment
member avatar

I'm confused. As I read your description she hit the side of your trailer. While backing up in traffic is NEVER a good idea (BAD driver, BAD! - had to say it) she hit a large, slow moving object that wasn't moving towards her. Have you had a chance to look over your trailer for damage to your tires, scratched paint, missing DOT tape or any other signs of impact? I get why you wouldn't necessarily feel it, I don't understand how you're, "at fault". Besides, "at fault" is the 4-wheeler standard. For professional drivers the standard is, "preventable".

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.

Truckin Along With Kearse's Comment
member avatar

I'm confused. As I read your description she hit the side of your trailer. While backing up in traffic is NEVER a good idea (BAD driver, BAD! - had to say it) she hit a large, slow moving object that wasn't moving towards her. Have you had a chance to look over your trailer for damage to your tires, scratched paint, missing DOT tape or any other signs of impact? I get why you wouldn't necessarily feel it, I don't understand how you're, "at fault". Besides, "at fault" is the 4-wheeler standard. For professional drivers the standard is, "preventable".

There is a difference between at fault and preventable. Example... A car merges onto the highway. I am in the right lane... With the right of way. The car maintains my speed and gets hit between me and the guard rail. Its a preventable for me. Not my fault..but a preventable.

Why? I could have changed lanes. I could have sped or slowed. Yes I have the right of way. No I didnt cause it. But im a professional driver held to a higher standard.

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.

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