It is the police union, I believe, that represents the officer. The insurance is for the city's liability. You really can't trust them or a company to protect your rights under a situation like this. There is just too much at stake. I read a case report about a Dallas police officer that shot and killed an unarmed motorist that was acting strangely and refusing to follow verbal commands and show his hands. The police union covered $411,000 in attorney fees for her, and she was absolved of all charges according to Massad Ayoob, who is knowledgeable about these things.
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It wouldn't be often, but when a Teamster like Larry is in a serious mess like he was, he needs more than 1 hour of legal advice pro bono. In fact, I believe he got that. I imagine they would try to say that union lawyers don't handle criminal or civil litigation, they are contract law lawyers, blah, blah, blah... Ok, but if a police union cares enough about their brothers and sisters.....? Yeah, there is that, isn't there. I really fail to see the difference. Both are professionals that are represented by unions and are trying to fulfill their duties under prescribed laws and rules and wind up in serious trouble. And as a result lose everything they worked for, whether convicted or not. How long does it take to pay off $411,000 at $100..00 a month? My calculator overheats doing the math. Ok. It cooled down and finally came up with 342.5 years. He would have to be one patient lawyer.
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canaryinthemine
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You would think so.......The accident occurred on a three block city street,....with the truck in the middle of the street,....and obviously going slow, looking for a private home delivery.
There was a preliminary hearing,......company attorney and I appeared....on company time.....at local judge.....
No one would take ownership of the telephone pole....neither the power or cable company at the hearing.
Obviously,.....I wasn’t at fault other than having my hands on the wheel. The contractual protections about “in faithful service” and “no violation of laws” means that the company subsumed any liability incurred by me while performing my job.
(Something the non-Unions DON’T have in writing....)
Company judged accident as “non-chargeable”.......Obviously the line was illegally too low. I shrugged and didn’t think of it......
UNTIL A YEAR LATER......... When I went to refinance my house,......and I was informed by my bank,....doing a standard credit check.........that I was a CO-DEFENDANT ina lawsuit filed by the insurance company of the owner of the car that the telephone pole speared.....because the company, the power company, or the cable company would admit any sort of liability....
I was “automatically “ included because my....hands were on the wheel.
And the bank could not refinance me at a lower rate,....BECAUSE of a pending lawsuit!
And no one told me this lawsuit was continuing.....Company lawyers didn’t bother to tell me because of the contractual language having them assume all liability of employees in performance of their duties...
BUT! The repercussions out of the contractual arena.....were stunning! I didn’t think it was....legal....not to be informed of this....
When I found out.......I was immediately in the TM’s office.....enraged.....
The TM hadn’t any idea of this himself.....Lawyers didn’t tell him either...
To his credit.....(....he was/is a good guy..)....he calmed me down....asked me to give him 15 minutes.....
And in 15 minutes cameout with a faxed copy of the settlement and the company lawyer’s assertion that they would immediately call my bank......which they did.....and straighten things out.
And for you company people who monitor this.......I have ALL the documentation for this.......including the lawyer’s statement to the bank.....
Give me a day or so....I think Ihave pictures.......The-pole ripped out of the ground,.....shot sideways like an arrow,.....and speared a cars back window,.....spinning it around in the driveway.....
Tension at.....5 mph......Corner upper ledge of trailer.....Just like drawing back a bow....
The point is.........even beyond contracts,.....the ABSOLUTE need for legal protection for drivers.....OFF company property......in “Lawyer” territory......
Is Critical..........
And for the reason above....and others.....I would NEVER drive truck on public streets......in this litigacious age......
Without Union protection......such as it is.....
Better than....nothing.
canaryinthemine
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There you go........What a mess.
canaryinthemine
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There was no one hurt.....Thank God! You can see the depressions in the snow where the pole bounced.....
My first indication was a loud “Twang!”......
I became de facto President of the W. Penna. Telephone Pole Club.....
Company mechanic offered to paint a shillouette of a car on the door......and to do more for every one I got.....
My first indication was a loud “Twang!”......
I became de facto President of the W. Penna. Telephone Pole Club.....
Company mechanic offered to paint a shillouette of a car on the door......and to do more for every one I got.....
Trucker 206
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I hear ya there, HB. I pulled triples up and down the Willamette Valley in Oregon for a lot of years. You spoke of the fog...wow!!...you’re right on the money! All I wanted to see behind me were those marker lights on the back trailer, and on some foggy nights on I-5, you couldn’t even see ‘em it was so dense. California and Washington are ‘doubles maximum’ states, so it’ll be interesting to see what happens there if they open up triples nationwide. Can’t imagine coming north over the Sisykyous with trips out of California!
NEC (National Electric Code) requires cables crossing a roadway to be a certain height above grade. Too many times installers get sloppy but you would have recourse if a trailer pulled them down.
Budd wheels have left-hand threads on the left side and right hand on the right side.
One of our mechanics reversed them while relining brakes.
A few days later, the trailer lost a wheel.
They will come loose when reversed.
Also had a wrecker service towing a B61 backwards, a wheel came off ran through a substation and put half of Charlotte out of power.
He didn't have enough insurance and declared bankruptcy.
canaryinthemine
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I guess Ihad a hand in that, too........Sorry Bro. Woodenose....
But,....it started off about the possibility of terminal closure and transfer of work,.....because of triples contemplated by the company....
And many people,.....including very experienced drivers of triples....feel that, even under perfectly ideal conditions....on flat roads ......on a summer day......
Triples are exponentially more dangerous to operate....
Couple those with abnormally long runs......Chicago to Carlisle...!!!?
...and now you have drivers feel dispatch should be offering them a....small cup of sacrificial sake.......
Because every trip will be like a Kamikaze pilot leaving the deck of the aircraft carrier......
Will he make it.....this time?
If that run is approved......then the Union should insist that the company safety man ride along at least once a week...in the winter...
Preferably strapped to the front bumper......
I don't want to belabor the point on triples, but I really think before they are expanded anywhere else there needs to be a serious discussion on all aspects of them. I don't really see them in states like Cal. or Wash., but the Penn turnpike seems probable. Don't permit the lack of driver input to happen there that happened out west. We HAD to adjust and live with these things and assume the additional risks. I have so many nightmare stories with these things in the winter that it would fill a book. I look back now in amazement that I got thru it all unscathed. Had I stayed at ANR instead of coming to ABF and had to deal with their intimidation and abuse of drivers forcing triples into dangerous and potentially deadly situations, I don't think I would have finished my retirement. ANR and especially Garrett Freightlines always fired 1-2 drivers every winter early for dropping triples and then let them back @ grievance without back pay and benefits. They made their point. The stress was overwhelming at times. There is nothing "macho" or special about the skills required. They could probably train a monkey to pull them with practice if they could get their feet to reach the pedals. They already know how to scratch their butt and wave at the girls. But the laws of physics are absolute and irrevocable, and a damn piece of paper in a permit book can't change that.
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canaryinthemine
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No,....This is eloquence on the subject at hand,...by someone who has been in the breach......
I think the trailer did indeed have Budd wheels instead of the hub pilot wheels of today. As I remember the failure was probably a wheel bearing & the duals came off as a set.
Watched that happen back in the 1970's to a guy up ahead of me on the NJ Turnpike. Dual tires/wheels, brake drum and spoke hub all together came off trailer axle and bounced down the road and over the shoulder. Guy never felt a thing and kept going and I couldn't signal him - pre CB radio.
Many years back there were two sleeper teams, (not ABF), left their domicile together & a few miles out, a drive wheel assembly came off of the the lead team's tractor. That driver did not lose control & pulled off on the shoulder but the team in the rear crashed. That driver ran off the shoulder, overturned & the rig caught fire. Both of the team members were killed in the fire. Some speculated that driver was distracted by the lost wheel.
The widows sued every company that had a connection to the tractor/trailer. Those that were sued were Freightliner, Stemco,( the wheel seal was Stemco), Timken, (the tractor had Timken bearings), Rockwell, (the Freightliner was speced with Rockwell axle assemblies, the tire manufacturer(s), I think there was a combination of tire brands on the tractor & trailer & the trailer had Bandag caps so they were also brought into the lawsuit. The maintenance records on the wrecked tractor/trailer were also used in the trial.
Anyway all who were sued had to hire an attorney to prove their product was not at fault. See how complicated doing business with anything pertaining to trucks can be? I don't remember how the jury ruled but an engineer, was hired to represent one of the product manufacturers. That engineer proved the product of the company he represented did not cause the wheel assembly to come off.
Many times however, a company will pay a settlement just to rid itself of liability.
Trucker 206
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Isn’t the current ABF terminal in Portland (145) an old Garrett Freightlines terminal?
One night, I lost a set off a 45' on old US 25 (a crooked mountain road) between Ashville N C and Greenville S C.
They were never found.
When I started driving, wheel bearing failure was a common occurrence.
With the oil bath hubs, such as the Stemco, bearing failure is rare as hen's teeth today.