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  1. #1
    Join Date
    Sep 2007
    Posts
    3

    Default Discipline Over A Rear-End Collision Caused By An Insect

    I was in a work truck following another fellow employee. It was on a residential street in kansas. I was doing between 5-10mph in a 25. I had 2-3 seconds between me and the other truck. He came to an unexpected sudden stop. At the same time he hit his brakes, a locust flow into my truck hitting me in the face. This startled me and I was distracted long enough that I couldn't stop in time. No damage to the truck in front of me. Some minor damage to the truck I was driving. No police report or insurance claim. My boss called it carelessness and wants to put me on a probation period. I don't really see how that is carelessness. The locust was a distraction beyond my control. If it wasn't for the locust I would have been able to aviod the accident. Am I at fault?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Rear-End Collision Caused By A Locust

    Your employer can do whatever he wants within the confines of company policy. If you're an at-will employee, you can even be fired. (If you're at-will he can fire you even if you have no fault at all. That's the nature of at-will employment.)

  3. #3
    Join Date
    Sep 2007
    Posts
    3

    Default Re: Rear-End Collision Caused By A Locust

    I understand that, but he is giving me a chance to wrote out my opinions on it. Here in Kansas the drivers handbook states 2 seconds as safe distance. The CDL handbook says 1 second for every 10ft of vehicle. Even at 1 second per 10ft I still had a safe distance. The road conditions did not warrent the need for more distance. Speeding was not an issue as it was well under the posted speed limit. No traffic laws were broken. I want to know was I at fault? He told me just shortly after it happen and before I gave him my statement that it is always the rear-enders fault. That tells me he automatically assumed it was carelessness. This happened a month ago and he gave me written warning. Two days ago is when he can up to me about a probation period.

  4. #4
    Join Date
    Sep 2007
    Location
    Seattle Wa
    Posts
    65

    Default Re: Discipline Over A Rear-End Collision Caused By An Insect

    The old days any time you rear ended a another vehicle you were at fault. I think that changed some but not much. As far as the job Mr know it all is corect
    "Your employer can do whatever he wants within the confines of company policy".
    JoeC

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Rear-End Collision Caused By A Locust

    Quote Quoting kcpilot
    View Post
    I want to know was I at fault? .
    Ok, so you are saying it was an act of God. Since the boss cannot fire God, you are the closest he can blame and punish.


    You are simply going to have to get over this. The employer did nothing wrong and nothing illegal.

    Did you bring in the offending insect to prove there was a locust? It could be the boss does not believe you. Maybe he just doesn;t like you.

    It really doesn;t make any difference though as he has done nothing wrong.

  6. #6
    Join Date
    Sep 2007
    Posts
    3

    Default Re: Rear-End Collision Caused By A Locust

    The locust was still in the truck when he arrived and it was pointed out to him. He did not take a picture of the locust inside the truck. He took picture of everything else. He tends to favor the equipment and vehicles over the employees. It seems to me that he purposely did not take a picture of the locust to be able to lay blame on someone. Its not the accident that bothers me, but the fact that he did not seem to do a proper documentation on it. One more example is that he did not get a statement from all involved. Our summer help was in the truck with me and he was not ask for his statement. Our summer help made a voluntary choice to go up to the offices and give his statement an hour or so after the other driver and my statements were giving. The reason he did not get our summer helps statement is that he feels that summer help can't have an opinion. He told that directly to our summer help, which told everybody out it.

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