swift fired me for two incidents and I just recieved my DAC Has two accidents on it

Discussion in 'Report A BAD Trucking Company Here' started by Gary7, Oct 17, 2011.

  1. Gary7

    Gary7 Light Load Member

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    Jan 28, 2010
    Toms River New Jersey
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    I worked for them one year and 4 days
    one 9/2011 I was in a loading dock in morristown NJ sears mall, they have agarage door and you have to back up inside the building.

    I did at 7am they had a forklift with pallots on one side and boxes stacked ten feet high on the other side.

    I backed up had my swinging doors cliped to the sides, I was over to my passanger side a little to fare and would have not been inthe center of the dock.

    the reciever asked me to pull up get center.
    I got out looked the boxes were stacked on my passangers side about 10feet high and 10 feet long I seen I had they were close to the trailer.

    I pulled up my door caught boxes and was pulling them forward maybe caught by a inch, I could not tell.
    I pulled forwards about 10 ft they fell on the floor.

    they had cookout grills in them one box was riped could see inside it, nothing looked damaged.

    well my swift put that was a accident.

    2nd one
    I was in scranton went to P & G drop yard at around 2am. did a drop and hooked to a empty. now on my way to fairless hills just left the property
    driving up the road route 6 & 92 run together. there is now a sign for a detour road repair due to flooding.

    I Take the detour 292 now I go straight onto demands road see a sign no trucks over 10 tons. I stop put 4 ways on try to turn around in a side street old mill rd. my drives get stuck in the mud off the shoulder.

    There is a house there on a small hill thats his property no fence or anything just a narrow road no shoulder.
    well I get towed out 3 hrs later 6am
    I took picture of the signs and the grooves in the dirt after my truck was towed backwards out of the mud.
    they put that on my DAC report.

    now they also give me a service failure for not making it to the next load I told them I was stuck and could not make it over qcom.

    now next day they give me a two stop sears load to NYC, live unload and a drop hook at the last mall. I did it.

    now they are trying to get me to pick up a load and go to jonestown pa my home terminal but I park in Avenel nj.

    well my fuel filter warning lite is on so I tell them I need to go to the avenel yard to get my truck looked at its hesitating and fuel filter warning lites on.
    well I call on road and they send me there.
    now I go to avenel waite all day thursday then friday 12 my Dm calls me and said is your truck ready I said no still in shop. he said well if it is not ready by 2pm go in and see sos and so I do and on a three way I am fired for getting stuck two days before.

    That Dm I only had for about 3 months and he screwed me good two accidents that were incidents and 5 service failures that were not.


    well here I found this on the internet proving they were incidents

    § 390.5Definitions.Unless specifically defined elsewhere, in this subchapter:Accident means' (1) Except as provided in paragraph (2) of this definition, an occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in: (i) A fatality;(ii) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or(iii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle(s) to be transported away from the scene by a tow truck or other motor vehicle.(2) The term accident does not include:(i) An occurrence involving only boarding and alighting from a stationary motor vehicle; or(ii) An occurrence involving only the loading or unloading of cargo.

    heres the link http://www.fmcsa.dot.gov/rules-regulations/administration/fmcsr/fmcsrruletext.aspx?reg=390.5

    Also I have picture of when I was stuck in the mud. and the signs that have no truck over 10 tons. just need to get them developed

    HOW DO I GO ABOUT getting these taken off my DAC? Has anyone been through this before.
     
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  3. harleymanjax

    harleymanjax Rookie Skateboarder

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    Jacksonville, Florida
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    The term accident vs incident as defined by FMCSA is only in regards to how it is reported on your MVR, it has nothing to do with how Swift records it or reports it on your DAC!

    IMHO you deserved to be fired Driver those are two easily preventable "incidents"
     
  4. reptij

    reptij Medium Load Member

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    Oct 3, 2011
    Rochester, NY
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    What should a driver do if they are detoured off their route but turns out the detour does not accommodate trucks?
     
  5. harleymanjax

    harleymanjax Rookie Skateboarder

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    Happened to me once.......................

    Tree had fallen in the road and taken down some power lines so they were detouring everybody through a residential neighborhood!

    IF A LAW ENFORCEMENT OFFICER IS STANDING IN THE ROAD TELLING YOU TO TURN LEFT THEN YOU TURN LEFT!....................:biggrin_2559:

    Be prepared to pucker up when it comes time to make some turns though and PAY ATTENTION to where your tandems are going!
     
  6. dancnoone

    dancnoone "Village Idiot"

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    The definition you are citing is refered to as "DOT reportable" accident.

    SRT out of Texarkana defines an accident as, Anytime you touch anything on your truck to anything else, other than the tires touching the road.

    Unfortunately for you, you have just paid the price for NOT stepping up to the plate.

    Your "incidents" are not too bad IMO. But they are for companies. I may not have fired you, but I would have chewed you a good one and let you pay the bill. Which was substantial, I'm sure.

    By stepping up to the plate, I mean growing a pair. And demanding the shipper MOVE his #### before you moved the truck.

    A common phrase is used at ALL seemly impossible shippers and receivers.

    "They do it all the time."

    That should be your first clue, that something has a high probability of getting destroyed. And that you could lose your job.

    Welcome to the REALITY trucking. Does it suck yet ??
     
  7. dancnoone

    dancnoone "Village Idiot"

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    There is a R, usually located in the upper or lower extreme left side of the gear shift.

    That and 3 midgets with orange flags helps tremendously.

    If all else fails, dial 911....not joking. Been there done that. #### local cops love to laugh theirs ### off while they watch you struggle. It gives them time to eat a donut.
     
    Ops85 Thanks this.
  8. Injun

    Injun Road Train Member

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    May 15, 2010
    West o' the Big Crick
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    Contact USIS/HireRight/DAC .....whatever it's called now and request a dispute ....form? It is a private entity and not subject to FMCSR. The definition is moot.



    And ....let us know how it works out for ya.
     
    popmartian, RAGE 18 and The Challenger Thank this.
  9. stltro2

    stltro2 Bobtail Member

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    Oct 17, 2011
    unadilla,ny
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    You are a United States Truck driver,Evey situation you just described is very simular in nature to what almost every truck driver in the United states has to deal with. The Trucking company and or the Authorities will always have you in a sling one way or another. And always away to punish you if you do not comply with them even if what they are telling you to do is not legal. Very sorry about your loss of money to support your self and Family. CDL-A holders Democracy and Capitalism do not apply to us any more. Further more CDL-A holders Work in a comunist/socialist enviroment while needing to survive in a Capitalist Enviroment. While suffering pay and benefits cuts due to higher fuel cost and increased taxes and permit fees to the industry. You are not alone in your situation,however no one realy out their to help you and others in simular situations as yourself. ( me included ) I was fired for demanding to be able to do my job with inside the law. Before I would agree to log back into an eobr. My employers response was, The new company policy is not up for debate,.. I was fired..now have a pile of reasons why not to be able to collect unemployment,and bad words to all jobs i apply for.. To include the most recent last 2.. The employee stated he was quiting his job to spend more time with his Family and employee was fire for failing a random drug test! and many other reasons they and their big law firm through at me and my Dependents. I wish you luck!
     
    Last edited: Oct 17, 2011
    pagan22 Thanks this.
  10. Gary7

    Gary7 Light Load Member

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    Jan 28, 2010
    Toms River New Jersey
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    IT was 3am in the morning had a fog, mist, drizzling and 0 street lites. out in the middle of no place pitched black.

    and I did put my 4 ways on and then I got out and looked you could just about see 50 feet away.

    as fare as the detour went it was not going to i-81 thats why I went striaght when the road split, a few miles past the detour.

    and what had happened in the sears mall. well it was 7am they had two fork lifts on my drivers side along with pallots thats why I was over to the other side.

    tell u what happened I had some dam hick of a DM that was making my loads so dam tight that they were almost impossible to run in the northeast that is. not out in Nebraska.

    and when he gave me the last service failure for being stuck in the detour he had said you were on a road that was not in are routing I told him I had a detour.
     
  11. STexan

    STexan Road Train Member

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    Longview, TX
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    That's the thing about DAC reporting ... it is purely up to the carrier's safety guy how/what goes on, if anything. Accident, incident, whatever ... it's how did the carrier choose to respond to it and if the individual making that report had a good ##### that morning or not. Sorry, it can happen much that way to any of us on any given bad month. The old saying "when in doubt, don't take a chance" I guess holds true, as usual.
     
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