Terminated For Gross Negligence

dannyboy

From the promised LAND
Well lets see.

At 35 MPH the cycle would have been moving at 51 feet per second.
At 60 MPH, it would have been 88 feet per second.
At 80, it would have been 117 feet per second.

So lets see. As BM stated, playing devils advocate, you stated that you came to a complete stop, looked both ways, did not see any traffic coming, and then entered the intersection. you were within 3 seconds of clearing said intersection when the cyclist, who obviously saw your big brown billboard, chose to keep on with his speeding and slammed into your truck.

I would really be interested in seeing the official police report on this one. Including the witness reports.

Speaking of which, did you call any of these witnesses to testify on your behalf in these hearings? Or the investigating officer?

d
 

tieguy

Banned
COMPANY DID NOT MAKE UP GROSS NEGLIGENCE CHARGES. I WAS FIRED FOR ARTICLE 17, WHICH IS GROSS NEGLIGENCE..
MAKES PERFECT SENSE, THEY LIKE CERTAIN PEOPLE.. THEY NEVER OFFERED SETTLEMENT, JUST A CRAPPY JOB WITH NO DRIVING...

and would you be forced to stay in that crappy job the rest of your life? You live and breath ups and you could have then returned and bid on something better later on. I'm afraid to say you made a bad decision.
 

trickpony1

Well-Known Member
IF the story is as told, I would retain an attorney and sue everyone I could.

I agree. The cyclist's insurance company knew or should have known he had a tendency to speed and disregard safe driving guidelines (such as blinking yellow lights). I would also investigate the cyclist's past drivng record (I bet an attorney could get that record real quick).
 

dannyboy

From the promised LAND
Please understand something. If you are really not at fault, and the guy on the cycle commited suicide by UPS truck, then I agree with 9.5. Sue everyone that is involved in this matter, and let the judge throw out who should not be there.

But since you have made the statement that lawyers are expensive (if what you posted is 100% true, they would be knocking themselves out getting to represent you), I am assuming that you have talked to several and you have no takers. They see a case where there is no money to be made.

Then you post that you did not see him, and went through a flashing red with oncomming traffic. (the statement of speed is vague, you have no idea what the speed was, only that he was going in and around traffic, per other's statement) You should have seen him comming even at a high speed. For what ever reason, you didnt.

Now, as for the reason you were fired, while the company did not go into details on the official forms, I am sure they explained thier view on why they determined you were grossly negligent as the driver of the truck.

It is that information that is missing. As well as other information. Like the police report. and the witness statements, all which you, I am sure, have in your folder of information to defend yourself?

So why not post the information and let us get at the real truth of the matter? Or do you intend to draw the conversation out over the next month or so?

d
 

laurietito

Well-Known Member
Well lets see.

At 35 MPH the cycle would have been moving at 51 feet per second.
At 60 MPH, it would have been 88 feet per second.
At 80, it would have been 117 feet per second.

So lets see. As BM stated, playing devils advocate, you stated that you came to a complete stop, looked both ways, did not see any traffic coming, and then entered the intersection. you were within 3 seconds of clearing said intersection when the cyclist, who obviously saw your big brown billboard, chose to keep on with his speeding and slammed into your truck.

I would really be interested in seeing the official police report on this one. Including the witness reports.

Speaking of which, did you call any of these witnesses to testify on your behalf in these hearings? Or the investigating officer?

d
It was a U.P.S. hearing not a court trial. They did not allow my wift in there let alone witnesses. The 3 witnesses all stated that he was weaving in and out of lanes in an unsafe manner per the police report and traveling at a high speed.
 

laurietito

Well-Known Member
and would you be forced to stay in that crappy job the rest of your life? You live and breath ups and you could have then returned and bid on something better later on. I'm afraid to say you made a bad decision.

I DO NOT BELIEVE I MADE A BAD DECISON... I WOULD HAVE NOT BEEN ALLOWED TO BID ON ANOTHER POSITION FOR AT LEAST 5 MONTHS. IF THERE WAS AN OPENING..... LOADING A TRUCK, BEING DEMOTED IN FRONT OF EVERYBODY.... PLUS I HAVE NO FAMILY HERE .. WE HAD NO ONE TO BABYSIT AT 6 AM...
 

laurietito

Well-Known Member
I agree. The cyclist's insurance company knew or should have known he had a tendency to speed and disregard safe driving guidelines (such as blinking yellow lights). I would also investigate the cyclist's past drivng record (I bet an attorney could get that record real quick).



GOOD IDEA..
 

laurietito

Well-Known Member
Please understand something. If you are really not at fault, and the guy on the cycle commited suicide by UPS truck, then I agree with 9.5. Sue everyone that is involved in this matter, and let the judge throw out who should not be there.

But since you have made the statement that lawyers are expensive (if what you posted is 100% true, they would be knocking themselves out getting to represent you), I am assuming that you have talked to several and you have no takers. They see a case where there is no money to be made.

Then you post that you did not see him, and went through a flashing red with oncomming traffic. (the statement of speed is vague, you have no idea what the speed was, only that he was going in and around traffic, per other's statement) You should have seen him comming even at a high speed. For what ever reason, you didnt.

Now, as for the reason you were fired, while the company did not go into details on the official forms, I am sure they explained thier view on why they determined you were grossly negligent as the driver of the truck.

It is that information that is missing. As well as other information. Like the police report. and the witness statements, all which you, I am sure, have in your folder of information to defend yourself?

So why not post the information and let us get at the real truth of the matter? Or do you intend to draw the conversation out over the next month or so?

d


THE U.P.S. INVESTIGATORS ESTIMATE HE WAS GOING 65-80 MPH. BY THE WAY , I NEVER SAID I HAD NO TAKERS... THIS IS JUST THE BEGINNING.
 

dannyboy

From the promised LAND
What does your wift have to do with anything. Or the fact that you do not have family in the area.

Why not just post the copy of the actual police report. Save yourself and us time. If all you want to do is play victim, then whine away. After all, your union sold you out, your company does not like you, and everybody is against you. Please, give me a break.

If you are not in the least at fault, I have several solutions you could use. But the way I see the situation right now, your statements have you at fault. You went through a flashing red light with oncoming traffic. You pulled out in front of the cycle. period. So unless you post proof to the contrary, sorry, that is the way it is.

d
 

laurietito

Well-Known Member
What does your wift have to do with anything. Or the fact that you do not have family in the area.

Why not just post the copy of the actual police report. Save yourself and us time. If all you want to do is play victim, then whine away. After all, your union sold you out, your company does not like you, and everybody is against you. Please, give me a break.

If you are not in the least at fault, I have several solutions you could use. But the way I see the situation right now, your statements have you at fault. You went through a flashing red light with oncoming traffic. You pulled out in front of the cycle. period. So unless you post proof to the contrary, sorry, that is the way it is.

d

That is your opinion.... I will always know it was not my fault. How did I pull out in front of the cycle when I never saw him.. What do you work for management???
 

brownmonster

Man of Great Wisdom
I know 3rd shift sucks. So does Dad with no income. It's a tough situation but sometimes it might be better to take what's offered or move on. I live in the factory job rust belt. I know plenty of people who were forced onto a shift they didn't like or the company just moved and they started over somewhere else. It takes a man to swallow his pride. What does your wift suggest you do?
 

laurietito

Well-Known Member
I know 3rd shift sucks. So does Dad with no income. It's a tough situation but sometimes it might be better to take what's offered or move on. I live in the factory job rust belt. I know plenty of people who were forced onto a shift they didn't like or the company just moved and they started over somewhere else. It takes a man to swallow his pride. What does your wift suggest you do?


My wife supports my decisions. I worked 3rd shift for lots of years, couldn't fall asleep... too much pressure...
 

tieguy

Banned
EVERYONE KNOWS 3RD SHIFT SUCKS.... WHY WOULD ANYONE WHO IS USED TO DAYSHIFT TAKE THAT POSITION AND A PAY CUT WITH NO OVERTIME ?????

to save their job. to live to play another day. You have a family. When you have a family you take the crappy job. You ride it out and you then bid back into something better when the opportunity presents itself. I wish you had been on this board while you were going through all this. It sounds like you needed someone to guide you through this process. good luck.
 

dannyboy

From the promised LAND
Hey Trick, good to “see you” again. Interesting conversation, this.

Well, lets recap this thread.
Wish I could find a good cheap lawyer.. ready to get even@
So that means you do not have one.

About your hearing you stated

I did.... told them I did nothing wrong

My union rep. didn't say much, even saw him laughing it up with the u.p.s boss

Those union big boys sure don't say much because it is no there money lost or kids insurance!!!

Of course you told them you did nothing wrong, just like you have told us here. And last I heard, the union laughing it up with UPS management is not a crime. And of course they dont care much that your kids lost their insurance, you didnt care either, you took a lower paying job, just like the one UPS offered, but without bennies. Now who is the stupid one?

they offered was a janitorial combo job loading trucks... 3 am- noon.... sucky hours / degrading/ pay cut

Unemployment didn't go through cause I was not totally fired from the company until last week. Accident happened last June

Got another job but with no benefits/ less pay!! Surviving is rough when your used to making that big money

Offered combo job before the local hearing, denied the offer, deadlocked at local hearing, then discharged at national hearing

Why didnt you take the combo job?

Because I have 2 kids/ wife works... Hard to find babysitter at 3 in the morning... Why should I have to degrade myself to sweeping floors/ loading trucks and no more driving when I didn't do anything wrong

Now you are getting truthful on us. You didnt take the job because you felt you were being degraded. And of course, hell, your wife works, whats the big deal.

As to your unemployment sob story, sorry, not truthful. You were fired the first day. You only had the hearings to try and get your job back. But you were fired from day one. all you have to do is go down and apply for the unemployment bennies retroactively. So another one of the not so true truths.

Now finally at post 63, some info on the actual accident, not just poor pitiful me garbage

Post 63 I was attemting to cross an interesection, looked both ways, proceeded then heard a loud noise. The motorcyclist was traveling at an unsafe speed per 3 witnesses and swerving through traffic. He slammed into the side of the brown truck. I never saw him coming, had no idea what hit me. Discharged due to article 17 and they said the accident was avoidable!!! I am not reluctant to give details , ask me anything!

The police report shows that the accient was caused by unsafe speed from the motorcylist. Circumstances that I caused the accident=none!!
I dont' regret not taking the combo job.... Gotta stick up for what I believe in

I didn't print the whole story at first, because I have never been on this website.. I did not know how it works. I know where the union hall is.. I know the agent's name.... he basically didn't do his job right... never set up any meetings to talk about case

Finally some actual info. Good boy. Of course, you dont want to print the whole story on the website, only put on the website that you were railroaded by the company and union, but yet no details of the actual accident? How stupid do you think we are here.

So the union guy did not do his job right basically? So what was it that he did wrong, basically?

Post 86
Weather was sunny... it was during the day... I had red flashing lights, he had yellow flashing lights... very busy intersection

Now why wait until post 86 to add this little piece of worthless information? After all, the fact that the union rep was hamming it up with the big bad UPS boss is much more important, isnt it?

COMPANY DID NOT MAKE UP GROSS NEGLIGENCE CHARGES. I WAS FIRED FOR ARTICLE 17, WHICH IS GROSS NEGLIGENCE..
MAKES PERFECT SENSE,

Well lets see, the slip of the tongue and brain together. They did not make up the charges, I was fired for gross negligence, and it makes perfect sense. I can not argue with that one bit.

THEY LIKE CERTAIN PEOPLE.. THEY NEVER OFFERED SETTLEMENT, JUST A CRAPPY JOB WITH NO DRIVING...

Kinda like you like your kids? Turn down a paying job with insurance to take a job with less pay, no future, and no insurance? But then you would have felt degraded? What do you feel like now in the job you currently have?

Yes, I stopped and looked both ways and proceeded. IF HE WAS NOT SPEEDING ( 60-80 MPH IN A 35 MPH) HE WOULD HAVE NEVER REACHED MY BROWN TRUCK, HE WOULD BE ALIVE AND I WOULD STILL HAVE A JOB

I never saw him. I didn't just get into the intersection, I was almost all the way through. If I had 3 more seconds my truck would have made it

THE U.P.S. INVESTIGATORS ESTIMATE HE WAS GOING 65-80 MPH. BY THE WAY , I NEVER SAID I HAD NO TAKERS... THIS IS JUST THE BEGINNING.

Interesting thought progression. But the deal is, if your truck would not have been in the intersection, he would not have hit you. And of course, since you are determined not to post actual facts of the case, we are to rely on your judgement on the matter. Judgement which has put your poor children out there without insurance. Judgement which landed you a dead end job without bennies.

Sorry, your judgement track record is less than good.

EVERYONE KNOWS 3RD SHIFT SUCKS.... WHY WOULD ANYONE WHO IS USED TO DAYSHIFT TAKE THAT POSITION AND A PAY CUT WITH NO OVERTIME ?????

at is your opinion.... I will always know it was not my fault. How did I pull out in front of the cycle when I never saw him.. What do you work for management???

My wife supports my decisions. I worked 3rd shift for lots of years, couldn't fall asleep... too much pressure

Nope, work for myself these days. But at one time, things like this facinated me, and I tried to get drivers the best deal they could in situations like this. But I find you less than honest. Hell, we are close to 100 posts, and finally getting to the truth of the matter. You got your feelings hurt, cause you were going to be removed from driving. So instead of dealing with reality, you let your false pride get in the way of thinking about what was the best for your family, and decided to make yourself a victim instead. Sorry, there is too much BS and not enough hard evidence to support your claims.

As to the wife supporting you.....I have a neice who is married to a real scum bag. She has caught him cheating on her many times, the last time, he repented by having her name tatooed on his back as a show of his love. And she swallowed that crap. But the fact remains, even though she supports him and his decisions, he is still a looser.

So it goes like this. Some on this site have posted possible support for you in this matter, much like your wife. But you have only filled them with crap on how you are being mistreated by a company and union, not fact. Probably the same BS you told your wife.

But many more have posted that your accounts of the accident do not make sense, and you nave not been forthcomming with any real evidence, and the only actual facts you have posted, actually show you could really have been at fault.

So post some factual information, not that your wife and kids believe in you. Thats nice, but it will not get your job back.

Your turn. If you want our help, quit with the BS you snowed your wife with. We want fact. Like the police report, any records of any of the hearings, letters from UPS etc. All the rest of your postings are just BS to what you need to be posting

d
 

UpstateNYUPSer(Ret)

Well-Known Member
Finally, after 118 posts, post #119 aptly summed up the situation. Kudos to Dannyboy for taking the time to analyze the situation and provide a response based upon this analysis and not upon emotion or personal opinion.

Intersections governed by flashing signals are among the most dangerous as we all know that the travel lanes controlled by the flashing yellow lights are not going to slow and proceed with caution as they are supposed to but rather will continue at their current rate of speed while those travelling in the lanes governed by the flashing red lights will continue to grow impatient and perhaps may take a chance rather than wait until they are 100% certain that the intersection has been cleared and that it is safe to proceed. We have several large intersections where I deliver and it is always a treat whenever the traffic signals are not working and are flashing yellow/red. It is actually a real-life study in human nature, as the agressive drivers blow right through and the timid ones sit and wait and sit and wait and...

Hindsight is always 20/20, but I would bet my mortgage that if the driver in question did an honest, objective review of his actions preceeding this accident that he, in fact, did not wait for the intersection to fully clear, grew impatient, and "went for it". Unfortunately, the seconds that he may have saved have grown into a lifetime of regret.
 
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