Driver negligence: Can I be charged for towing?

Discussion in 'Trucking Industry Regulations' started by TruckingGirl, Jan 25, 2019.

  1. TruckingGirl

    TruckingGirl Bobtail Member

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    Jan 25, 2019
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    Recently I learned of a colleague who is a truck driver and was charged for towing to get a rig out of the mud. Said driver had to use the restroom and pulled the rig over and left the rig stuck in the mud. It was sited as gross negligence and truck driver error. Is this legal? Can a trucking company charge a driver for this? Are there any laws that can be referenced?
     
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  3. 201

    201 Road Train Member

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    Interested where this will go. Normally, if it was a good driver, got in trouble, it happens, so I'd say no, but the story sounds too iffy. Pulled over to what, cool off a tire, and now the truck was stuck, and they left? As a truck owner, I'd sock it to 'em.
     
    mitrucker Thanks this.
  4. STexan

    STexan Road Train Member

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    Was this the first time something like this had happened with this driver or is there possibly some history ... good or bad?

    There’s all sorts of possible past and/or current circumstances that might have played a role in that outcome.
     
  5. not4hire

    not4hire Road Train Member

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    Too many unknowns to give an accurate answer. Generally, and in the absence of any form of agreement to the contrary, an employer cannot charge employees for costs associated with activities of the employee on behalf of the business.
     
  6. brsims

    brsims Road Train Member

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    More than likely yes.

    I've gotten my tractor stuck in my own driveway once or twice. Getting it pulled out was my responsibility, and my financial burden.

    The only time a driver is NOT responsible for getting a truck stuck in mud or similar is on a customer's lot or jobsite, as the customer typically tells the driver where to park in those instances. And even then, a bit of good sense SHOULD prevail.
     
    tscottme Thanks this.
  7. mitten

    mitten Bobtail Member

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    Yes its legal. You can't just pull truck anywhere no matter the reason. Some companies consider a tow the same as an accident. You can be held responsible for messing ground up.
     
  8. 201

    201 Road Train Member

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    Waaaait a minute, in the headline, she says "Can I be charged" and in the post, she speaks of a colleague. I think this happened to her,,,
     
    idriveaholden, Tombstone69 and x1Heavy Thank this.
  9. x1Heavy

    x1Heavy Road Train Member

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    I agree.

    No harm in it. Ive gotten my rig stuck at home. Paid out of pocket to get it loose and back onto gravel so company knows nothing. They know nothing to this day.

    The situation presented by OP word for word flies in the face of logic, you don't stick a 18 wheeler anywhere it can sink into the ground. Come on... no one is that silly. Or are they. So in this case yea I'll stick em with the bill against payroll.
     
  10. tscottme

    tscottme Road Train Member

    I was charged for having my truck towed when I mistook a snow covered empty space at a state highway road equipment barn for solid ground.

    NOT everything is a matter of law. The company can charge their driver and the driver can py it or not pay it and keep or lose his job. Drive like the outcome is important. If you cannot afford to pay for any mistakes, drive mistake free.
     
  11. FozzyNOK

    FozzyNOK Road Train Member

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    I had a driver pull over on the side of the road to get a subway sandwich... He of course pulled into a mud bog on the side of the road.. He came out and was of course stuck. He walked across the street to the wrecker company and negotiated to get pulled out on his dime.. He approached me a week later and asked if the company would reimbursed for the tow... I told him that I would, but the second the charge went to the company. they'd charge him for an accident and probably fire him for not reporting it.
     
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