First Accident Question?

Topic 33710 | Page 1

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Michael G.'s Comment
member avatar

New driver here i got my cdl a in July finished training november i started driving on my own. I do food service in 48 foot trailers. I got into a accident yesterday. I was coming out of a curb and a car flew i to the curb from other direction and hit on my trailer tires. He had plenty chance to see me i was only going 15 miles a hour but he never breaked he just banged right i to me. He said my trailer was tracking i to the other land and he couldnt avoid it s

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.
B Y 's Comment
member avatar

What is your question?

Errol V.'s Comment
member avatar

Hey, Michael, welcoe to TruckingTruth. Let me ask a few clarifying questions:

"I was coming out of a curb": So you were on the right-hand curb, pointing in the usual direction of travel?

Then said car "flew into the curb from other direction and hit on my trailer tires". meaning coming from the oncoming direction (like in "head on")? This I can't figure. If you both were going in the same direction and the car came from behind and hit your tandems , I can see. But the trailer tires would be quite a deal if the car was coming from in front of you.

The rest is "You said/They said" unless a dash cam caught the action. Was the incident recorded? (I know if this was 100% behind you, that wouldn't happen.)

For you here are some words of comfort: your company almost expects accidents from rookie drivers. Depending on the severity of any accident, you will have a chat with the Safety Department, and maybe suspension for a few days (though I can't promise what will happen). On your part, in your Safety chat, minimize what the other driver did to you and your truck, and maximize what you were doing, even the bad parts. Never say "I thought" or "I assumed" anything {Kiss of Death/Termination}. Explain that you understand what you did and will know better next time you are in that situation. Make that resolution stick, and I know you will.

Tandems:

Tandem Axles

A set of axles spaced close together, legally defined as more than 40 and less than 96 inches apart by the USDOT. Drivers tend to refer to the tandem axles on their trailer as just "tandems". You might hear a driver say, "I'm 400 pounds overweight on my tandems", referring to his trailer tandems, not his tractor tandems. Tractor tandems are generally just referred to as "drives" which is short for "drive axles".

Tandem:

Tandem Axles

A set of axles spaced close together, legally defined as more than 40 and less than 96 inches apart by the USDOT. Drivers tend to refer to the tandem axles on their trailer as just "tandems". You might hear a driver say, "I'm 400 pounds overweight on my tandems", referring to his trailer tandems, not his tractor tandems. Tractor tandems are generally just referred to as "drives" which is short for "drive axles".

BK's Comment
member avatar

I found this description of the accident hard to understand.

Michael, I’m not trying to be a hard arse here, but if you want accurate feedback you need to write more clearly and proof read what you wrote.

confused.gif

Michael G.'s Comment
member avatar

I mistakenly submitted my form before i finished. Basically i was in a curb that bent to the left so my trailer wheels off tracked to my left/driver side. So the car in the oncoming lane smashed into my tandems. I was off tracking a little but i couldnt help that i was going slow 15 mph. The guy saw a big ass truck and didnt stop. So basically it was a he said she said. No one was fined or ticket. But from what i hear this will go on my driveing record. Is this bad for me does this look bad for my driving career. Sometimes there is no way to no off track so what am i supposed to do in that situation?

Hey, Michael, welcoe to TruckingTruth. Let me ask a few clarifying questions:

"I was coming out of a curb": So you were on the right-hand curb, pointing in the usual direction of travel?

Then said car "flew into the curb from other direction and hit on my trailer tires". meaning coming from the oncoming direction (like in "head on")? This I can't figure. If you both were going in the same direction and the car came from behind and hit your tandems , I can see. But the trailer tires would be quite a deal if the car was coming from in front of you.

The rest is "You said/They said" unless a dash cam caught the action. Was the incident recorded? (I know if this was 100% behind you, that wouldn't happen.)

For you here are some words of comfort: your company almost expects accidents from rookie drivers. Depending on the severity of any accident, you will have a chat with the Safety Department, and maybe suspension for a few days (though I can't promise what will happen). On your part, in your Safety chat, minimize what the other driver did to you and your truck, and maximize what you were doing, even the bad parts. Never say "I thought" or "I assumed" anything {Kiss of Death/Termination}. Explain that you understand what you did and will know better next time you are in that situation. Make that resolution stick, and I know you will.

Tandems:

Tandem Axles

A set of axles spaced close together, legally defined as more than 40 and less than 96 inches apart by the USDOT. Drivers tend to refer to the tandem axles on their trailer as just "tandems". You might hear a driver say, "I'm 400 pounds overweight on my tandems", referring to his trailer tandems, not his tractor tandems. Tractor tandems are generally just referred to as "drives" which is short for "drive axles".

Tandem:

Tandem Axles

A set of axles spaced close together, legally defined as more than 40 and less than 96 inches apart by the USDOT. Drivers tend to refer to the tandem axles on their trailer as just "tandems". You might hear a driver say, "I'm 400 pounds overweight on my tandems", referring to his trailer tandems, not his tractor tandems. Tractor tandems are generally just referred to as "drives" which is short for "drive axles".

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.

Davy A.'s Comment
member avatar

If I'm reading this correctly. Your tandems off tracked and you encroached the oncoming traffic lane. You didn't swing wide enough to accommodate the trailer off tracking. Basically that's driving all or part of your vehicle on the wrong side of the road. Sounds like a preventable accident with you being at fault.

Now, the reality is that there are plenty of places we go to that don't accommodate a truck. In those cases, you need to make sure that oncoming lane is clear and will be clear or find a different route.

Tandems:

Tandem Axles

A set of axles spaced close together, legally defined as more than 40 and less than 96 inches apart by the USDOT. Drivers tend to refer to the tandem axles on their trailer as just "tandems". You might hear a driver say, "I'm 400 pounds overweight on my tandems", referring to his trailer tandems, not his tractor tandems. Tractor tandems are generally just referred to as "drives" which is short for "drive axles".

Tandem:

Tandem Axles

A set of axles spaced close together, legally defined as more than 40 and less than 96 inches apart by the USDOT. Drivers tend to refer to the tandem axles on their trailer as just "tandems". You might hear a driver say, "I'm 400 pounds overweight on my tandems", referring to his trailer tandems, not his tractor tandems. Tractor tandems are generally just referred to as "drives" which is short for "drive axles".

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Michael G.'s Comment
member avatar

Well when will i know if it is a preventable or a non. Because all i was told is that all get police report in 10 days and that it was my word over his word accident and nobody was at fault as from what i know.

If I'm reading this correctly. Your tandems off tracked and you encroached the oncoming traffic lane. You didn't swing wide enough to accommodate the trailer off tracking. Basically that's driving all or part of your vehicle on the wrong side of the road. Sounds like a preventable accident with you being at fault.

Now, the reality is that there are plenty of places we go to that don't accommodate a truck. In those cases, you need to make sure that oncoming lane is clear and will be clear or find a different route.

Tandems:

Tandem Axles

A set of axles spaced close together, legally defined as more than 40 and less than 96 inches apart by the USDOT. Drivers tend to refer to the tandem axles on their trailer as just "tandems". You might hear a driver say, "I'm 400 pounds overweight on my tandems", referring to his trailer tandems, not his tractor tandems. Tractor tandems are generally just referred to as "drives" which is short for "drive axles".

Tandem:

Tandem Axles

A set of axles spaced close together, legally defined as more than 40 and less than 96 inches apart by the USDOT. Drivers tend to refer to the tandem axles on their trailer as just "tandems". You might hear a driver say, "I'm 400 pounds overweight on my tandems", referring to his trailer tandems, not his tractor tandems. Tractor tandems are generally just referred to as "drives" which is short for "drive axles".

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Errol V.'s Comment
member avatar

Michael the Rookie says:

The guy saw a big ass truck and didn't stop. So basically it was a he said she said. No one was fined or ticket. But from what i hear this will go on my driving record. Is this bad for me does this look bad for my driving career.

So, as a noob you were stuck with a situation you could really need more experience to handle. That's not new. So, a tiny bit of slack for you. But, did you look down the road in both directions before you started moving? I remind my students (I'm a CDL instructor) that they must answer this question: "Guess who's holding the steering wheel?". Yes, whatever happens while you are in the driver's seat is on you. Yes, there may be circumstances out of your control (like what the other driver does), but you need to be as aware as possible to what might happen.

Yes, it is on your record. even non-reportable incidents can be on your record, and these can follow you to another carrier. I know from experience those little oopses that you conveniently "forgot" can show up. The good news is that over time they will drop off your record. When you get seated in the Safety Office, remember that you learned from this experience and it won't happen again.

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.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
PJ's Comment
member avatar

I’ve been following along waiting for more of the story to come out.

First of all it sounds like the police responded and took a report. If there were no injuries, other crimes and neither vehicle towed they did what we call a short form report. It should contain a summary, statements, and cause. Very generic as far as accident investigations go. LE just lets the parties and/or insurance haggle it all out.

IF any part of your trailer was in the opposing lane then it was preventable. Cut and dried. Just because LE choose to not pursue it with a citation really means nothing.

OWI:

Operating While Intoxicated

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

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