The company can rule the accident was his fault and fire him. He has no recourse against the company no matter if they find it was his fault or not. What I would suggest he do is hire an attorney to plead his case in court against the ticket he was issued. If he wins that case, the accident won't damage his driving record. It probably won't get his job back, but at least it won't be on his driving record.
XPO | Driver let go for....
- Thread starter peckerwood
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If he has the documentation on the improper loading, improper manifesting, innacurate trailer weight, a statement from the other employee that witnessed the accident he can sue. How to Fight a Wrongful Termination for False Accusations | eHow.com
Even if he doesn't have the documentation, if he had a hearing with the company and all of these issues were discussed and documented in the hearing, his attorney would be able to obtain this information in the discovery process.
Even if he doesn't have the documentation, if he had a hearing with the company and all of these issues were discussed and documented in the hearing, his attorney would be able to obtain this information in the discovery process.
peckerwood
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God forbid it happen to you because if you are who you say you are (DSR with con way freight) and this was to happen to you, the same DAC report would follow you just the same.
Good point I saw a miss pull with a 21k kite and an empty lead take a two hundred mile trip with no problems?
Whats the rest of this story, Trailers dont just fall over!
That guy is a dumbass and has no business being a truck driver.
Con-F-Trucker
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Songremainsthesame
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He might have made it but I bet he had a hell of a time keeping it on the road... kudos to getting there safe but come on, the job is hard enough already!
Songremainsthesame
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How many times do any of us pull across the scale when the manifest says 15k and 12k? Guess we should weigh them all the time, but it could definitely slip your mind when you read those weights on the manifest... just sayin'
CenturyClass
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you are right on that for sure. I've done it a time or two where I checked the weights on the manifest, and go oh it will scale without actually scaling the loads.
con-way preaches safety but yet every tow motor doesn't have a scale nor does every yard have a truck scale.
Truck scales are only put in yards where the drivers run across DOT scales..
But then again, if we hired people who want to do the job right, instead of anyone who has a pulse we'd be in better shape.
Though I hate the patio most of the time, I like what I do. I take loading seriously, and if I wouldn't want someone loading ****ty trailers for me to pull, I wouldnt do that to someone else.
Good for him,Im glad he made it to his destination in one piece...BUT on the other hand i will say hes a dumbass too..any driver with half a brain and knowlage of pulling doubles can almost instantly tell when the set is ass heavy and something is wrong...Like Blue67 stated he has no business driving a truck,for one,he mis pulled,this means he failed to check his numbers and seal.... which also means he did not do a proper pre trip...No excuse... A 30 sec walk around and he would have seen he had an issue,one that could have been bad....NOW did this driver even care???obviously not seeing he didnt take the time to check his set...I know,I know,let me guess,he was being pressured by the FOS to leave and had no time to check his set......LMAO.....
+1...
All good points, however like I said Trailers dont just fall over, and yes I have pulled pups for aprox.34 years with several different companies!
Congradulations!!!Ive been pulling pups for over 20 years and trailers from 28 ft tankers to 53 ft long boxes before that,all in the Chicagoland area....so i guess that makes me an elite driver too..Like i stated before also...obviously you have never had the privilege of having a rear box flip....and i hope you never do as it is not fun....BUT seeing your a seasoned veteran and know trailers dont fall over,do you know the logistics of this load???what was in there???Steel???gaylords???Mis-freight???Totes??was this trailer top heavy???Until you know the facts your expert advice means nothing...everybody can make an expert accusation on their past driving experiance....bet the day you ever have a rear box roll youll see things differnetly,especially if it wasnt your fault.....
snaildriver
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Last I heard was, you don't weigh unless it's 22k or more. That policy couldn't have changed, could it?
CenturyClass
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Is this policy in writing anywhere? Not being a smartass. I would really love to read some of these phantom policies
And some sics are known for building overweight trailers. A trailer can be under 24k and be over on the drives or rear axle.
Best bet is to scale them badboys everytime ideally
peckerwood
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What ever the reasons may have been, a drivers back box was overloaded by 10,000 ibs what the manifest read, and maybe just maybe it was driver error but lets think about it. I believe what could have happened was the driver leaving the terminal made his first left hand turn and the load shifted, the second left hand turn the box laid over for what ever reason. Now what if the load had shifted enough after the second left but did not lay over then, now we have a driver unaware he is pulling a heavy back box down the big road and any scenario after that point could have occurred. Think about it, a little bobble in the steering wheel in construction might be one of many scenario that comes to mind and that box lays over on a family going on vacation. Safety is one of the core values right? Just saying.........My thoughts, the bottom of that manifest reads something like this "this trailer has been loaded to comply with company and dot policy by ________" was this person held to the same standards? We are all responsible for getting the freight down the road safely from the driver all the way back to the fos correct? In my eyes this driver was blindsided with a wrongly manifested trailer that could have killed someone and he was fired while the ones truly responsible are still working.
CenturyClass
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I agree with ya percker. But i have a sector supervisor who loves to have me close trailers i didnt put a single piece of freight on or one skid on the trailer. I didnt load it but i have to certify that i loaded it to ice principles and company policy. Ive learned in my short time here not to put your name on anything you dont have to. Sometimes when she does this i go do something else and pretended like i forgot. Its one of the things i hate. When i ran xnj and was new i had a supervisor who loved. To borrow my handheld while his was sitting in the pouch to scan freight or close a trailer. I was new and disnt know better.
free_thinker
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XSW has scales in the yard, and drivers are free to use it or not. No one makes them, but they aren't prevented from it either.
so they bring the trailer back to the yard after the roll over and scale it... as a rear box of a set or hooked to a tractor or behind a wrecker? How was it determined on the scale it was 10,000 over the manifested weight? Now last I knew every roll over was stripped utilizing a claim manifest. Every skid and every pro number must be recorded and the condition also recorded. No mention of discrepancies within this process, only the scaled weight.
Root cause of a roll over is almost never load shift... not by Ann Arbor's determinations but that of the Federal Highway Safety. So once again it's all about the big bad company. So how about driving habits and the stability of the rear box? How far from center-point was the converter? 11 o-clock? 10 o-clock? 9 o-clock (90 degrees to the left)? Did the driver shift before the trailer returned to parallel with the other equipment? Was there a curb or pothole that "tripped" the inside rear axle during the turn? Where did the trailer land? While the set was still in the radius of the turn or closer to when the trailer could be considered back to center-point with the lead? He made it that far before that turn resulted in a roll over... what changed? Lateral transfer of energy causes a transfer of the center of gravity. Did the transfer of energy cause the trailer to be pulled over or pushed over? The center of gravity between the front right corner and the left rear corner of a rear box goes through critical changes when the converter pivots away from center-point in a left turn.
At the end of the day none of us know any more about the load then we do the driver's habits at the time of the crash.
and Jimmy's right, trailers don't just fall over. Once again they either get pulled over or pushed over.
Root cause of a roll over is almost never load shift... not by Ann Arbor's determinations but that of the Federal Highway Safety. So once again it's all about the big bad company. So how about driving habits and the stability of the rear box? How far from center-point was the converter? 11 o-clock? 10 o-clock? 9 o-clock (90 degrees to the left)? Did the driver shift before the trailer returned to parallel with the other equipment? Was there a curb or pothole that "tripped" the inside rear axle during the turn? Where did the trailer land? While the set was still in the radius of the turn or closer to when the trailer could be considered back to center-point with the lead? He made it that far before that turn resulted in a roll over... what changed? Lateral transfer of energy causes a transfer of the center of gravity. Did the transfer of energy cause the trailer to be pulled over or pushed over? The center of gravity between the front right corner and the left rear corner of a rear box goes through critical changes when the converter pivots away from center-point in a left turn.
At the end of the day none of us know any more about the load then we do the driver's habits at the time of the crash.
and Jimmy's right, trailers don't just fall over. Once again they either get pulled over or pushed over.
snaildriver
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Go back and read the first post. 10,000 lbs not scanned on.