My boyfriend was working with a van at his work that had 6 blind spots, faulty breaks, and has 75,000 miles on it. By company policy, vans should not be used after 70,000 mile. He was driving and got cut off by a car. He did not see the car coming due to his blindspots and the van would not break in time. He hit the car and the driver of the other car took off because he had no insurance. Now his work is trying to either write him up or fire him for this accident. Is there any laws or anything legal saying that the company cannot reprimand him? Thank you.
2007-04-11 18:40:56 · 9 answers · asked by Pinkerbell 1 in Cars & Transportation ➔ Safety
Laws vary from one state to another but all are quite explicit with a drivers' obligation.
The driver of a vehicle is as much responsible for the roadworthiness of a vehicle he / she is intending to drive as is the responsibility of the owner in declaring the vheicle is indeed roadworthy.
The non-owner driver may have a little advantage if unaware of un-safe conditions that are encapable to be noticed.
Your boyfriend is caught into two situations, one of state law and the other of company rule. I do hope the incident was reported to the police with a full report. This report acts to protect in many ways despite insurance companies giving a bad rap for non-fault drivers.
As for the company your boyfriend works for. Well, any company can fire you at their own choosing even if not liking the colour socks you wear. People don't believe that, but it is true. Federal labour laws only dictate the manner of which a person can be bired with regards to advanced notice and not the circumstances thereof other than minimum wage and underage child labour.
If your boyfriend was aware of the safety policy of the company regarding limitations applied to their vehicles then he alone is responsible for his actions. He should have refused to drive the vehicle.
The issue here is really the accident and not the vehicle condition. And, blind spots have nothing to do with vehicle safety and are no excuse for a right to drive or right of way when driving.
The company can reprimand your boyfriend, yes, and to the extent of termination if they so choose.
He would also be elligbile to collect unemployment benefits in most states for being terminated under this condition.
2007-04-11 23:45:20 · answer #1 · answered by farplaces 5 · 0⤊ 0⤋
Having blindspots is not driving a faulty company vehicle. All autos and trucks have blindspots, and we can be involved in an accident if we are not careful. Also what does have 75,000 miles on the vehicle have to do with his having the accident? You said he didn't see the car coming due to his blindspots, and the van would not brake in time which means he was going faster than the distance between him and the car would allow. My question is why would he be driving a company vehicle with no insurance in the first place? That is putting him at risk.
2007-04-11 18:44:17 · answer #2 · answered by Sparkles 7 · 0⤊ 0⤋
First things first. He's going to need an attorney. Second, if he filled out a vehicle inspection report and noted all the problems with the van, he may have a chance. My question now is, why would he stay with a company that wouldn't repair the vehicle in the first place? Why did he take the van if he knew it was in such bad shape. They cannot fire him for being safe and he could have take the vehicle to an inspection station or a DOT inspection station to get the repairs forced into action. HIS LIFE IS MORE IMPORTANT THAN ANY CARGO. The attorney will help save his license and help put the company in check (hopefully), from future DOT problems. He did get the license plate of the runaway driver I hope? Material witness and all.
2007-04-12 06:22:00 · answer #3 · answered by cntryggls 2 · 0⤊ 0⤋
If your BF is a union member, he may have a chance. The company is trying to cover its own rear end. If your BF claims injuries while on the job, then the company will say that the guy was not doing things properly and it is his own fault for the accident. I see this all the time at work. If you get hurt, then you get reprimanded and given days off without pay for not doing something right, or doing something wrong.
It's all politics and covering your rear. Good luck, but I doubt he will win anything.
2007-04-12 01:04:31 · answer #4 · answered by Fordman 7 · 0⤊ 0⤋
He should be fired or at the very least reprimanded. He lacks the skill needed to drive a vehicle with blind spots- and all vehicles have blind spots -.he doesn't know any other way to stop a vehicle other than using his brakes.
2007-04-12 07:35:05 · answer #5 · answered by Anonymous · 0⤊ 0⤋
sure, tell them, you are able to desire to be straightforward with the corporate. in the event that they discover out some previous accident in a while down the line, they might cancel your coverage. tell them precisely what you only instructed us, you have been in an accident earlier on your company motor vehicle. your company's motor vehicle coverage paid out X volume of dollars. only on account which you probably did not declare under your person own coverage, doesnt mean it did not ensue. Sorry. desire this permits
2016-10-28 12:05:11 · answer #6 · answered by Anonymous · 0⤊ 0⤋
If that was the rules per the company then he was responsible to bring up the problems.
Then if they decided to do all the firing and reprimands...then there would be recourse.
2007-04-11 18:50:46 · answer #7 · answered by Anonymous · 0⤊ 0⤋
i'm thinking he's out of luck, he's probably an "at will" employee, which means they can fire him at will. they are just using the accident as a reason - start looking for another job.
2007-04-11 18:45:18 · answer #8 · answered by Sam Fisher 3 · 0⤊ 0⤋
you are driving the vehicle, so you are responsible. if you know there is a problem with the car, you shouldn't drive it. if you do, then you are responsible for your actions.
2007-04-12 06:35:50 · answer #9 · answered by heada_bone 3 · 0⤊ 0⤋