Advice on accident

Discussion in 'UPS Union Issues' started by Box_Junkie, Mar 12, 2013.

  1. Box_Junkie

    Box_Junkie Member

    I had an intersection accident last week. I start with a short summary of the accident.

    I was driving down a 3 lane street in town, 1 north bound lane, 1 south bound, and a turn lane. I was heading N. I come to a cross street that has a blind corner (large house blocks view of traffic until 10 yrds from intersection). I let off gas and look left, right, left. Mind you this if at 9:50am in a 13 cube. I see the lady right at the last minute after clearing said house into view, hit horn, slam brakes and am almost stopped when she shoots straight across and hits my front left corner. I was almost stopped. I had no stop sign and neither did she. The street she was on is a 3 lane also, 2 lanes go west, 1 goes east. She was heading east and can only turn right, not straight like she did. Plus she was in the wrong lane (oncoming for her). She got the ticket for improper lane use causing accident. UPS has let me work inside, calling it an in house suspension. They are waiting for the damage amount from the accident. I live in a no fault insurance state but that doesnt matter for UPS they add in her damages too. Both vehicles drove away and no one went to the hospital. The UPS vehicle damages were $1500 for bent bumper, cracked fiberglass and a sliced tire (not flat). Her car had a dented fender, doors and missing side mirror. center manager says if damage is over $4400 I could be walked out or out of work suspension til hearing. My union steward and I took out own pictures of scene and are planning to fight the avoidable decision. UPS says I should have cleared the intersection and gave my self time to stop before intersection. Mind you corner is blind, she went straight illegally, and I let off gas and tried to stop truck just wouldn't. I know this may sound confusing through words but just looking for advice on what to expect. Most union ppl and other drivers say I have a good case. I had 1 other accident 4 years ago that was a busted taillight.

    If damage is over $4400 total what should I expect?

    Do I have a shot of getting this set as unavoidable at the hearing?
     
  2. balland chain

    balland chain Member

    Did the police officer issue her a ticket ?
     
  3. Box_Junkie

    Box_Junkie Member

     
  4. Brownslave688

    Brownslave688 You want a toe? I can get you a toe.

    Doesn't matter. It'll be deemed avoidable. The OP will likely be fired and then get their job back at the local hearing.

    Just curious OP what does the time of day have to do with the accident?
     
  5. Box_Junkie

    Box_Junkie Member

    Just stating all facts I could think of. I guess only relevance is that the truck was full and took further distance to stop.
     
  6. neartom

    neartom Member

    Let it be known that if you lose your job or have lost wages/you will sue the woman who got the ticket for causing the accident.
     
  7. 3 done 3 to go

    3 done 3 to go In control of my own destiny

    You will just have to recite your DOK crap. Then be harrassed for 2-3 weeks. She got the ticket. On blind corner you should have honked horn. If you didn't. May receive warning letter. You will have police report stating you are not at fault.
     
  8. Box_Junkie

    Box_Junkie Member

    Yeah I recited my DOK to the center manager, now I'll have to do it for the DM. I did go and get the police report for myself stating she caused it and that she hit me. Yes I did honk my horn, but lady was oblivious. The streets in this area were changed from one way to 2 way about 5 years ago. However the street she was on never had an option to go the way she did. Really? Sue the lady? I don't think this would change UPS's mind or change my situation.
     
  9. kingOFchester

    kingOFchester Well-Known Member

    I do not see how you could loose your job. yes, they could fire you. They could go for blood. But I can't see this sticking. Sorry, that I have nothing to offer, and can only imagine the emotional stress you are under do to UPS. They are causing undue stress. Shame on them.

    Good luck brother, and keep us posted.
     
  10. Johney

    Johney Raise your hand if you think Upstate is a D-Bag

    Ah... good luck trying to find an attorney to take that case.
     
  11. Jones

    Jones fILE A GRIEVE! Staff Member

    If they charge with you an avoidable let them know that you need all the company paperwork blaming you for the accident as quickly as possible so you can get it faxed over to the woman's attorney, who will find it extremely helpful when she files a civil suit against UPS. Let them know that UPS's attorneys can expect to see you in court giving sworn testimony that UPS believes the accident was all your fault and that the woman deserves a huge settlement. They won't have much of a counter argument to make since you willl just be quoting directly from your termination notice, warning letters, notice of suspension, etc.
     
  12. QKRSTKR

    QKRSTKR Active Member

    Don't take this the wrong way Jones but an avoidable accident doesn't mean your at fault. UPS Looks at it from a point of, "could this have been avoided?" Even though I agree they treat you like crap and act like its your fault.

    To OP, you won't loose your job over this. If they do terminate you will get job back at hearing. It's spelled out in the contact plain as day, $4400 damage is termination. Doesn't say anything about who's at fault. Sorry it happened to you. Sounds like you came real close to avoiding it. If you do get walked out or a termination letter from UPS make sure you file a grievance for unjust and unfair discharge. You have to invoked the grievance procedure.

    good luck.
     
  13. steelbed1

    steelbed1 New Member

    No chance of getting it made unavoidable. While there is no question in my mind that there is no fault on your part. That changes nothing in the ups eye. If your hit by a comet they would probable say you should have been aware of 360 degree surroundings
    Hope for the best, expect the worst. Start looking into a lawyer
     
  14. Box_Junkie

    Box_Junkie Member

    I do know that Friday is the time limit for them to discipline me, and the 25th is the limit for them to finish the investigation. center manager says he hasn't received the dollar amount for the other vehicles damages. So what happens if friday comes and they have nothing still? They can't discharge me then can they/
     
  15. Jones

    Jones fILE A GRIEVE! Staff Member

    I understand that, but I'm sure you've been around long enough to know that there is no objective standard. Regardless of whether or not the accident really was avoidable local management will charge the driver 9 times out of 10 simply because it's the easiest thing to do and it covers their ass with their boss. Twice recently I've seen UPS rule accidents unavoidable in situations where they have historically been ruled avoidable and the reason in both cases had nothing to with the actual accident and everything to do with UPS not wanting the results of their own investigation used against them in a law suit. It's hypocrisy and they should be called on it every time.
     
  16. nate4027

    nate4027 New Member

    Remember that most likely "they need you" because most of the time they run the centers so tight on help they don't have any extra drivers to cover. My center can barely get anyone to sign a bid sheet and they usually have to hire off the street.
     
  17. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    ...and we all know how "qualifed" those off-the-street hires are...
     
  18. QKRSTKR

    QKRSTKR Active Member

    If they are investigating and your working inside, they may have 10 days after the investigation is completed to discipline you.
     
  19. gman042

    gman042 Been around the block a few times

    Driver hit while parked was not charged with accident because it was "hit and run" UPS could not identify other party.
     
  20. Notretiredyet

    Notretiredyet Active Member

    Worst case scenario is they'll discharge you and be reinstated after waiting a few days for your local level hearing. Accidents like these, without injuries, only vehicle damage are rarely taken past a local hearing, especially when the other driver was ticketed. Knowing your DOK is important at times like this and that will work in your favor. More than likely you'll get a warning notice for an avoidable accident and be back driving soon. It doesn't take much more than a fender bender nowadays to exceed the monetary limit and get suspended, this issue is currently being addressed in contract negotiations for that reason. You can appeal the chargeable accident also if you want, but chances are slim it will be reversed.
     
    Last edited: Mar 13, 2013