How to sue a trucking company?

Discussion in 'Experienced Truckers' Advice' started by BoyWander, Dec 4, 2012.

  1. BoyWander

    BoyWander Road Train Member

    1,411
    2,125
    Jul 22, 2011
    Michigan
    0
    So Saturday about noon, I pull into the Pilot in Terre Haute x11, in line to get fuel, truck in front of me, starts pulling in to the left side of the fuel islands, figured he would take the one on the left, I'd take the one on the right. He knew I was behind him.

    There was about 20ft of space from my front and his rear, when he stopped, I stopped, and he proceeded to then back up. I thought ok, he's going to pull into the pump on the right.

    Wrong.

    He kept backing up, and 20ft turned into 15, then 10, then I immediately look in my right mirror, see that there's a CRST truck behind me, so that option is out the window, then I thought ok, turn to the right (I was about a 45 degree angle with my trailer on my blind side at this point), but if I kept turning to the right, I'd still clip this guy, then I'd be at fault. So 10 ft turned to about 8ft, and that's when I lay on the air horn. He didn't stop. Before I knew it, the corner of his trailer goes through my hood into my radiator, coolant and steam flying out everywhere. He then pulled forward, adjusted, then continued to back into an open parking space, while I turn my lead to the left and just give him that stupified look, and he gives me one back. The whole time he was backing up, I was at a dead stop. He did not have his 4 ways on, just his right turning signal.


    Maintenance guy saw the whole thing. He called the police, I got out, took pictures. Cop shows up, can't make a police report on private property in IN, he mediates the exchange of info, which I asked for, because the other driver got out of his truck after he parked, and starting getting belligerent with me, blaming me.


    Anyways, the truck I was driving belongs to my boss, and I'm paid as an Independent Contractor. Because the truck is not available for me to drive due to it being screwed, I'm out of work for the week.

    How do I sue for lost wages? I would have made the exact same thing I would have made the previous weeks, as I'm on a dedicated route. My boss does not have another truck available for me to drive the route.

    Would I have to call the trucking company of the guy who hit me? Or call their insurance company? Would I have to sue in small claims court? Or when my boss makes the claim to have his truck repairs paid for, can he also claim my lost wages on my behalf?

    The accident happened in Indiana, my boss' trucking co and the carrier he is leased onto is in MI, the driver's company is in NJ and he lives in FL.

    Sorry for the long story, but I had to tell my story like every other trucker loves to tell theirs :-D

    Thanks for any and all replies.
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. STexan

    STexan Road Train Member

    14,963
    29,153
    Oct 3, 2011
    Longview, TX
    0
    If it was cut and dried to where the other driver was "totally at fault", your boss should be filing a claim with the other guy's insurance for repairs. He would also probably figure into that claim, loss of revenue, missed appointment late fee, etc (to include your loss of pay). If your boss get's it, the wage claim portion should be given to you. If he can't get, I doubt you'll get it on your own. Life sucks, then you become a driver, then it sucks worse.
     
    snowwy Thanks this.
  4. fisher guy

    fisher guy Road Train Member

    1,993
    1,058
    Mar 22, 2009
    Ocala Florida
    0
    my question to u is why are u being paid as an independent contractor? do u pay the fuel and the insurance and the maintenance? if not theres a pretty good chance ur just a company driver and if thats the case i'd be more worried about uncle sam trying to get u or ur boss for tax fraud (been down that road...it sucks) one other question who pays the workman's comp you or him? if u are a company driver it may not be worth ur time in court for lost wages lawyer and court fee's can easily go up past $1,000 all things to remember when that guys company or insurance company have a team of lawyer's looking to pull apart ur case
     
    TFL Thanks this.
  5. BoyWander

    BoyWander Road Train Member

    1,411
    2,125
    Jul 22, 2011
    Michigan
    0
    I didn't ask about that, I asked how I would go about suing or filing the claim, the proper way.

    I don't need to be chastised for my business decisions, thank you. And no, if I did sue in small claims, it would cost me maybe $300 for the lawyer to show up in court, and I doubt the other company would spend the money to defend themselves for the sake of $1,100.

    As far as workman's comp, I'm glad you brought that up, my boss has an occupational accident policy for me that he pays for. I wonder if I could file the claim on that?

    I hope there are people here in this forum that know about all of this from experience. Thanks.
     
  6. 58Skylane

    58Skylane Medium Load Member

    388
    276
    Mar 31, 2012
    Cody, WY
    0
    Don't forget also. Video camera's are #### near everywhere in truck stops, fuel islands, rest area's, etc. If there's a dispute going on, see if the truck stop had the incident on video.

    Good luck!
     
    BoyWander Thanks this.
  7. BoyWander

    BoyWander Road Train Member

    1,411
    2,125
    Jul 22, 2011
    Michigan
    0
    Yeah, unfortunately, the manager of that Pilot said the cameras were not pointing in that particular area. But the maintenance guy who saw the whole thing said he would provide a written account of what he saw for my sake. I guess it's a good thing I go to that particular Pilot twice a week, and tip for the showers that that very same maintenance guy has to clean :-D
     
    58Skylane Thanks this.
  8. ladywrongway03

    ladywrongway03 Heavy Load Member

    766
    328
    Aug 28, 2008
    trotwood oh
    0
    occupational insurance is for injurys not loss wages.Make sure you keep money for taxes at the end of the year.Im sorry you missed a weeks worth of pay but if that was your truck you wouldnt get paid for that week either.
     
    BoyWander Thanks this.
  9. BoyWander

    BoyWander Road Train Member

    1,411
    2,125
    Jul 22, 2011
    Michigan
    0
    I save money for taxes, thank you.
     
  10. WRIGHTRACING

    WRIGHTRACING Heavy Load Member

    882
    251
    Jan 3, 2011
    Iuka MS/Muscle Shoals AL
    0
    So did he ever admit to hitting you? What'd he say?
     
  11. G/MAN

    G/MAN Road Train Member

    7,031
    8,621
    Sep 3, 2010
    0

    An occupational accident is like workers comp in that it pays for any medical injuries related to any work related accident. It could also pay you for lost wages due to an injury. I don't believe that it will pay you anything unless you were injured. Check your policy or have your company check for you.
     
    BoyWander Thanks this.
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.