Driving a dangerous truck for work, am I liable or is my company?

Question

I drive a class 1 truck daily in Calgary. The maintenance program at the company is lacklustre at best. Weekly I report problems: e.g. no turning signal, brake lights out, brakes weak, balding tyres etc...

If I was to have an accident because of the negligence on the part of my employers what is my liability? Will their insurance cover the accident? god forbid someone was to be killed, who would be liable? How much are settlements in this circumstance?

Can I sue my employer for dangerous working environment under Canadian Law?

Thanks!!!

RM

Answer 1

stop in at the balzac weigh station and ask them to do a level one inspection,this will get the truck off the road.the driver is responsible for the operating condition of the unit and if its unsafe then dont take it out.you will be fired but alive and then you can sue for wrongful dismisal.also right now in calgary there are about 400 jobs open for drivers.you could report them to alberta labour and wcb,also try calling the city of calgary truck police division and they can investigate the company as well

Answer 2

If you get a ticket, it goes on your record. If you get in an accident it is on your record. You are the prime candidate for penalty. You could be sued beyond the insurance of you and company. Both likely would be sued.Can you refuse to drive an illegal vehicle? The best yo can do is report in writing all problems and keep a copy. Report to higher authority if the maintenance section refuses. I do not know about Canadian law,

Answer 3

You said you have reported faults to your company, but was it in verbal or written form?

If written you may find that even if you have notified the company of faults found, but you still took the vehicle out, knowing that it was faulty, then you could be just as liable if involved in an accident.

I think if written they have to by law act on faults immediately, or within a certain time limit.

I would be inclined to anonymously contact the police or road traffic authority, and report to them the faults you have found, and hopefully they will do a spot check.

Please becarefull you don't want to be responsable for any accident, even if the vehicle faults are not your responsability.

Answer 4

If you have repeatedly written up the defects, and they have not been fixed, you need to refuse to drive the truck. Driving it when you know that it is not safe makes you just as responsible, in the eyes of the law, as the company. Report the company to the Ministry of Transportation, and find a better job. Every company involved in the oil field is looking for employees.

Answer 5

If it grow to be towed because of a criminal violation, then the answer is, frequently, the tow organization isn't dependable. If it grow to be towed because you suggested as them as a request for service, then this can be a diverse count number. maximum municipalities have ordinances conserving the "bailor" (the following, the towing organization) at the same time as it takes possession of a few thing belonging to a unique as a effect of judicial or regulation enforcement action. What are you able to do? properly, a nil.33-get mutually damaged your vehicle - make an insurance declare. Did you've insurance? The insurance organization will deny the declare. one thanks to present it (once you've uninsured motorist insurance) is to submit the declare as one which you don't understand how the wear and tear got here about (do not LIE, basically state it grow to be towed and got here again broke - you bypass determine it out Mr. Insurer). from time to time in some states that works. There are different approaches to present to stay away from the deductible - examine including your legal professional. regardless of in case you replaced the ordinance, it grow to be in position and secure the organization on the time of the tow. So, what would that make certain? i imagine your legal professional grow to be suggesting you report the grievance anyhow and argue the ordinance as utilized isn't constitutional (lower than your state structure or federal). i'd also contact the organization's insurer. maximum insurers would gladly submit a million/2 the declare to get a launch and stay away from a legal problem. some ordinances require the tow organization to be bonded to cover little losses like this to guard the immunity lower than the statute.

Answer 6

Why not contact the Ministry of Labour and report unsafe working conditions. If you are aware of the mechanical defects with equipment then you may be liable as well .It would give me piece of mind knowing my work environment was safe/ Do you have a Health and Safety committee if yes,go to them as they fall under Workplace safety regulations.

Answer 7

As the driver it is your responsibility not to take an unsafe truck on the road.

Here is a tip, If you see a road side spot check, pull over and get checked, or simply ask a cop to order the truck in for certification check, Either way the paper work makes you look very innocent, after all they pulled you over, right ( wink )

Answer 8

Since reporting the problems isn't getting results I suggest you refuse to operate the vehicle in it's current condition.

Answer 9

go work somewhere else , the economy here is so hot there are companies offering to train drivers , after you get the job , rat them out to the inspectors , there is no excuse to run junk

Answer 10

report it and log the dates and time you reported it and the fault falls on the company