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Need a GOOD attorney ....

Discussion in 'Trucker Legal Advice' started by Blimpy, Oct 22, 2013.

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  1. Oct 22, 2013 #1
    Blimpy

    Blimpy Bobtail Member

    2
    1
    Mar 4, 2012
    0
    Need input please! Here's the short version of the situation: Company Driver accused of hit and run (non-injury) by the owner of a car. No police report filed, only a complaint to the employer. Photos taken by the Driver of the entire truck and trailer show absolutely no evidence of damage. Two other random Drivers examine the truck/trailer and for the record both state no damage. Driver logs show that the Driver was in the sleeper at the time of the accident, truck not moving (electronic logs). The time of the accident changed at least three times since being reported. The part of the vehicle that was reportedly hit by the truck was changed from driver's side to passenger side. The manner in which the accident supposedly occurred changed at least three times.

    Employer pays off the idiot who made the complaint and then determines the Driver is guilty of an avoidable hit and run backing accident. Employer states has two witness statements and reads them to the Driver, but will not allow the Driver to see them or have copies of them. Those statements have contradicting information in them. The weather conditions and time of accident in the witness statements were totally different. One of the statements was made by "the best friend" of the supposed "victim". NONE of the information the Driver supplied was ever reviewed ... the photos, the other driver statements and the logs were never looked at or considered.

    This situation has already negatively impacted the Driver ... he was purchasing a truck and the prospective company he was going to lease to called the Company for a reference. The company informed the prospect that the Driver had been found guilty of an avoidable backing accident. The prospective company said they could not hire the Driver because of this.

    Does anyone know of a good attorney? This Driver has over 40 years experience and in excess of 4.5 million accident-free miles. The entire future of the Driver is being destroyed by the idiocy of a person who paid off a complainant before having the good sense to check out the entire situation. To cover her own FUBAR, this Driver's livelihood is being put on the line.
     
    Blimpy, Oct 22, 2013
    Blimpy, Oct 22, 2013
    #1
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  3. Oct 22, 2013 #2
    Chinatown

    Chinatown Road Train Member

    74,767
    170,266
    Aug 28, 2011
    Henderson, NV & Orient
    0
    Contact OOIDA about finding a lawyer. Their phone number is on the website.
     
    Chinatown, Oct 22, 2013
    Chinatown, Oct 22, 2013
    #2
    Criminey Jade Thanks this.
  4. Oct 22, 2013 #3
    missjhawk

    missjhawk Medium Load Member

    571
    324
    Jul 24, 2013
    nutbush
    0
    Sorry for your troubles. if the driver was fired he can get a employment lawyer that handle wrongful termination cases. The driver needs to get a copy of his DAC the driver can get free copy from HIRERIGHT.COM every year it take couple of weeks to get back DAC report. Then you can go to the web site WWW. PSP.FMCSA.DOT.GOV this website is called pre-employment screening program. that do cost $10 but it is a $10 well spent you can choose option either mail or see instant. if you choose to see instant just right click selet all, right click print. check to see if that accident is on those 2 places. if that accident is not on either u can us that to plead case on finding next job and u can make that other company look bad because u got proof in BLACK & WHITE. take that to lawyer and ask him to help subpoena your work history at that company. talk to the dot of your state. I like to going to website WWW.AVVO.COM this is a free website where you post your questions in about 1000 words or less. LAWYERS will answer your questions in real time. (free legal website from actual lawyers) they may help point you in right direction. Trucking companies will fire you for stupid reasons. or refuse to hire you for stupid reasons. I got fired because my house caught on fire and they gave me a month off to get my affairs straight and I lost everything, I had a teenager I had to make sure wasn't out in cold. So don't give up you can fight this I just hope some of the websites help you in your journey. Awe yea if that is on his PSP(CSA) it will only be on there for 3 years. if so look into farms pulling hopper bottom trailers. Its jobs out there it may take a minute to find one after swift fired me it took me 5 months to find new job. PLEASE DONT GIVE UP AND GOOD LUCK!!!
     
    Last edited: Oct 22, 2013
    missjhawk, Oct 22, 2013
    missjhawk, Oct 22, 2013
    #3
    Rocks and Criminey Jade Thank this.
  5. Oct 22, 2013 #4
    born&raisedintheusa

    born&raisedintheusa Road Train Member

    4,321
    4,541
    Sep 20, 2012
    Wichita, KS
    0
    The idiotic person destroying the drivers livelihood should have his/her livelihood destroyed for NOT properly doing his/her job properly. There is NO EXCUSE for this "boondoggle" of a mess.

    The driver is a real live human being having his ability to earn a decent living destroyed due to the other person's improper handling of finding out the HONEST TRUTH of the matter.

    God bless every American and their families! God bless the U.S.A.!
     
    born&raisedintheusa, Oct 22, 2013
    born&raisedintheusa, Oct 22, 2013
    #4
  7. Oct 22, 2013 #5
    EZ Money

    EZ Money Road Train Member

    3,251
    2,478
    Oct 27, 2010
    The East Side Gang,Charlotte,NC.
    0
    An Employment Attorney could handle this.
    It is a dang shame what drivers have to put up with these days.
    The laws are all for the four wheelers and a truck driver always has to prove he is innocent!......Dang shame!
     
    EZ Money, Oct 22, 2013
    EZ Money, Oct 22, 2013
    #5
    Charli Girl Thanks this.
  8. Oct 22, 2013 #6
    G/MAN

    G/MAN Road Train Member

    7,031
    8,622
    Sep 3, 2010
    0
    Unfortunately, it is sometimes cheaper to pay people off than fight it in court. If what you say is true, then I would find a good lawyer and let them handle it. OOIDA would be a good start. There are a couple of lawyer referral services, such as Road Law that can find you a lawyer in whatever jurisdiction you need. Try to get everything you have together about the accident before calling the lawyer. If it has been reported to DAC, then you will want to get a copy for your lawyer. It is like a credit report. You can get a free copy each year. I would get on top of this ASAP. The longer it takes, the greater the chance of something getting lost. Your lawyer should be able to get information about the elogs, letters concerning the accident and any other information.
     
    G/MAN, Oct 22, 2013
    G/MAN, Oct 22, 2013
    #6
    Criminey Jade and bullhaulerswife Thank this.
  9. Oct 22, 2013 #7
    bubbavirus

    bubbavirus Medium Load Member

    348
    59
    Oct 6, 2006
    directly over the center of the Earth.
    0
    I have used a retired U S Congressman as my lawyer. I should send the guy a thank you card right now.
     
    bubbavirus, Oct 22, 2013
    bubbavirus, Oct 22, 2013
    #7
  10. Oct 22, 2013 #8
    Rocks

    Rocks Road Train Member

    14,905
    61,114
    Jan 13, 2008
    Somewhere
    0
    Go to this website http://www.truckersjustice.com/ Attorney Paul Taylor

    Copied this from his website "
    "At the Law Office of Taylor & Associates, Ltd., we’ve been helping workers get justice for their employment-related problems for more than 20 years. Give us a call, tell us the issues and we’ll tell you if you’ve got a case.

    We help level the playing field for workers who have suffered wrongful termination, been discriminated against, harassed or subjected to retaliation because they blew the whistle on illegal or unethical practices. We help workers in any industry but have a special focus on the trucking industry."

    Good luck!
     
    Rocks, Oct 22, 2013
    Rocks, Oct 22, 2013
    #8
    Criminey Jade Thanks this.
  11. Oct 22, 2013 #9
    Y2K

    Y2K Road Train Member

    1,654
    1,055
    Jul 21, 2009
    Yacolt,WA
    0
    Y2K, Oct 22, 2013
    Y2K, Oct 22, 2013
    #9
    Criminey Jade Thanks this.
  12. Oct 22, 2013 #10
    Guntoter

    Guntoter Road Train Member

    1,659
    1,521
    Mar 24, 2012
    Phoenix, AZ
    0
    Drivers Legal Plan. = $15 a month.... Prevent this stuff BEFORE it becomes a problem. I just hit "DLP" in the contacts in my phone, im talking to my lawyer in 30 seconds. If he needs to go to court its $100.

    How can you NOT have a lawyer on retainer if you make your living with a CDL?
     
    Guntoter, Oct 22, 2013
    Guntoter, Oct 22, 2013
    #10
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