Charged for being hit in the rear

Discussion in 'UPS Discussions' started by mbscuba, Dec 8, 2008.

  1. mbscuba

    mbscuba New Member

    I was at a four way stop. I was stopped at the stop sign. I looked left, right, left. No one was coming from my right. No one was coming from front. There was a truck coming from my left. He was preparring to stop, (going about 1-2 mph, ans about 15 ft from the white line.) I proceeded through the intersection. I get just about all the way through the intersection, and WAM! He hits me in the rear tire. This isn't a 500, or 600 I'm driving, it's a P1000. The cops arrive and tell the man I must have magically appeared for him to not see a big Brown wall. My center manager also felt I was not at fault. My center manager fought and faught with saftey and DM. The DM made him give me a warning letter, and take away my chance for Circle of Honor. Already had 6 sixers safe driving, now down the crapper. Any thoughts of what I can do to fight besides filling. I'm waiting to have a sit-down with the DM so he can give me his reasoning behind it. Because right now, it looks like no matter what, if there is any vehicle approaching an intersection, I'm gonna stop untill there is no vehicle in sight. I guess I'll be over 9-5 everyday.
  2. chev

    chev Nightcrawler

    Fight it tooth and nail with a grievance. Don't let them do it to ya man. From your statement, you did everything right. You can't be responsible for someones reckless driving. :wink2:
  3. brownrodster

    brownrodster New Member

    But the DM's argument will be that if you had waited at the stop line you would have avoided the accident therefore it was an avoidable accident. Although he was driving safely and legally he could have been more defensive, thus he could have avoided the accident.
  4. rod

    rod retired and happy

    BBAG had a post about most everyone having a defining moment when any enthusiam you had for UPS died. I believe this might be yours mbscuba. It will probably end up to be just another feather in your DM's war bonnet that he can brag about to his cronnies at some cocktail party.:angry:
  5. dannyboy

    dannyboy From the promised LAND

    i always used to kid around about unavoidable. saying used to be that the only one that was unavoidable was if it dropped out of the sky and hit you on top of the vehicle. but they would still figure out a way to charge you with something.

    this is something that corp needs to get a handle on if they want us to really believe that the safety committee has teeth.

    bring the accidents before the safety committee and let them make the decision, not just one person alone. that way it at least has a chance to be a level playing field across the board with accidents.

    bottom line is he ran the stop sign. he also should have been charged with failure to yield right of way.

    one interesting sidebar, i am waiting for the lawyers of people we come into "contact" with. they hit us, their fault. but ups determines that our driver is at fault because he did not do everything he could have to avoid the accident. now said lawyer sues the driver and ups for carelessness, something we have internally charged the driver with.

    its coming.

  6. feederdriver06

    feederdriver06 former monkey slave

    I got hit in my passenger side rear tire once at an intersection. Cop told the girl the same thing that they told you. Back then I was in a p800. Knuckle heads from safety tried to talk me into admitting i was at fault. I grieved it and won. Accident stricken from the record. Still have the signed off grievance. Had to pull it out years later to straighten out my safety record because my years of safe driving still reflected that accident some five years later. If you grieve and win make sure you keep your copy too.
    Last edited: Dec 8, 2008
  7. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    I would sit down with your DM and calmly and rationally explain your version and I would bet that the warning letter will be removed and the accident changed to unavoidable.
  8. metrophillyslub

    metrophillyslub New Member

    great post!
  9. cosmo1

    cosmo1 Just another internet hooligan.

    You're kidding, right?
  10. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    No, but he needs his center manager to back him up.
  11. brownrodster

    brownrodster New Member

    That's an interesting statement. How does one go about doing this. I don't know who my "DM" is. I don't know his name. I don't know what city he works in. I'm pretty sure I've never spoken to a "DM" in my entire time at UPS. Mine is probably some guy who's office is in a city over 100 miles away and shows up for a PCM a few times a year and doesn't say anything.
  12. over9five

    over9five Senior Member Staff Member

    Make sure you remember how they treated you for this accident next time they beg you for a sales lead or want you to donate to their charity.

    And as you're leaving the DMs office, make sure you ask him if you'll still get the same pay as before the accident.....

  13. Paid-over-in-Maine

    Paid-over-in-Maine 15 more years of this!

    Sorry but management makes their decision without consulting the Safety Committee. I am a member of our comm. and last winter we had a driver slide into a rotton mailbox post due to ice and the crown in the road. The owner was there to see it and said don't worry about it, that he was going to replace it in the spring. The driver did what he was supposed to do and he called it in. It was judged to be avoidable. The saftey committee went to bat big time for this guy, as the only thing he could have done was park in the middle of the road to make the delivery. It's almost as if it didn't matter what we thought, it was mgmt's decision and what they said was final.
  14. over9five

    over9five Senior Member Staff Member

    So why do you degrade yourself by being on their committee?

    That's why senior people won't do it. We can see it's a dog and pony show.
  15. dannyboy

    dannyboy From the promised LAND


    you done good. but you still lost? so does that mean you are giving up?

    as to all the senior people 9er was referring to, not all of them agree with his analysis.

    tyranny runs free when good men stand by and say and do nothing

    if you want to change things, change them. otherwise they will forever remain the same


    HEFFERNAN Huge Member

    Does management saying an accident is avoidable cost the company less??
    If our insurance has to pay out money, then I can see if they just say it was our fault. But obviously in this accident, the other driver's insurance company will have to pay. Why say it was our driver's fault when a half-blind police officer could tell it wasn't.

    :angry::angry::angry:HOW UPS PLAYS GAMES MAKES ME SICK :angry::angry::angry:
  17. 705red

    705red Browncafe Steward

    I would file a grievance on the charged accident, i would file a rebuttal for the warning letter and i do believe that since you have 6 years in you would revert back to 5 years of safe driving and not lose all 6.

    Don't forget to tell your boss you could have avoided it if you would have called in sick that day.
  18. Bad Gas!

    Bad Gas! Active Member

    I think the years driving should revert back to 6 years if that was the last award year...I lost a year safe driving for an aledged personal property damage (200$).UPS payed it so I was charged.The resident said he asked his wife and didn't think Fed X did it....It's crazy to get hit in rear and it's your fault...
  19. soberups

    soberups Pees in the brown Koolaid

    As drivers, we need to simply detach ourselves from any sense of entitlement or expectations around getting a safe driving award.

    Instead, we need to simply accept the reality that UPS does not have and never will have a rational, logical or reasonable definition of what constitutes an "avoidable" accident.

    It isnt fair. Get over it. UPS can and will "charge" you with anything they want to and take away your safe driving award as they see fit. As a practical matter, a suspension or termination for an accident like the one described by the original poster would never be upheld at panel. Our jobs are secure...our "years of safe driving" are not.
  20. DownsizedUPS'er

    DownsizedUPS'er missing my UPS family

    Wow, what an excellent observation and point. one that perhaps should be brought to the attention of the DM, and Corp. This is very true.

    mbscuba- so sorry you are getting "snaked" by ups. this was clearly not something you could avoid, which the professionals (the cops) determined. Good luck, file a grievence.