Accident question

Discussion in 'UPS Discussions' started by Onlyino, May 21, 2013.

  1. Onlyino

    Onlyino New Member

    My history first...

    I am a new hire somewhat... I was an outside hire as a package car driver in Nov. and worked all through peak and into Feb. I was offered a full time driver position in Dec. that was later taken off the table as someone put a bid on this route.

    I went from extremely happy to extremely dissapointed. I thought I got lucky but it didn't work out. Management told me to be patient and I will be a driver.

    So April comes along and I haven't drove since Feb. They told me May I would start driving.

    So I am driving the package car, pulling a TP60, on my way home, I have 1 stop left. I pull over to the side of the road, make my delivery, get back in the pc. I am looking at the diad, still parked, I haven't even got in the drivers seat yet...when it happens. I am smashed from the rear while parked by a drunk driver.

    My main question is... will I get let go for this. I am not qualified yet. This should be considered an unavoidable accident. Any feedback is appreciated.
  2. over9five

    over9five Moderator Staff Member

    Definitely should have fallen out of the truck, injured. Oh well...

    Everyone's going to jump on telling how they tell avoidable from unavoidable, and their opinions etc.
    In THIS case, where it's going to be easy for UPS to blame the drunk driver (hopefully he was arrested at the scene), I believe it will come down to one simple thing:

    ​Does your management team like you?
  3. oldngray

    oldngray nowhere special

    It depends mostly on whether the center manager likes you. Of course in a real world you would not be found at fault but if UPS can claim you should have parked someplace else you can get charged. Almost everything is considered avoidable and if your center manager says unavoidable he has to defend his decision to not charge you.
  4. sortaisle

    sortaisle Livin the cardboard dream

    As long as you had your hazards on and left yourself an out, hit from the rear is unavoidable. Him being drunk helps your cause. If he was arrested or ticketed you're in the clear.
  5. kumet

    kumet Member

    if you get hit by space junk it's your fault
  6. Johney

    Johney Well-Known Member

    A lot of posters here say whether your center manager liked you or not. While that may be the case in some centers it is not here. Our safety dept rules whether an accident is avoidable or not. I had a hit while parked some time ago, guy backed right out of his driveway into me(I was in the back). center manager said noway am I too blame, but safety said we'll investigate and let you know. I was eventually not charged but my center manager(who liked me)had no say at all.
  7. Onlyino

    Onlyino New Member

    I had hazards on, the person was arrested at the scene.

    Praying to the UPS gods hoping they like me... I think they do.
  8. Onlyino

    Onlyino New Member

    I heard that if you get injured or your in an accident while qualifying it will lead to automatic termination... is this true?
  9. Brownslave688

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

    Can't believe no one has asked. Why were u pulling a tp60 while delivering. I would drive 30 miles back to pick up that trailer if need be.
  10. Jones

    Jones fILE A GRIEVE! Staff Member

    No. You got hit by a drunk who was arrested at the scene, don't worry about it.
  11. cosmo1

    cosmo1 Now, a low life jack wagon, and still loving it.

    I agree with Brownslave, and I agree with Jones. If you were parked legally and safely, you will be OK. If you were directed to deliver while pulling a trailer, fight it.
  12. Johney

    Johney Well-Known Member

    I'm sorry but what does pulling a trailer have to do with delivering? Anybody that pulls a TP60 has to deliver their air before dropping it right?
  13. Jackburton

    Jackburton Gone Fish'n

    Only those that don't value their safety or of those around them do. Seriously, this is something that has been brought up and it's understood by management and hourlies that pulling a trailer while delivering is unsafe.
  14. balland chain

    balland chain Member

    Not sure about that.. I would be on the phone with an attorney in the AM.. I was hit from behind in my personal car, and thought I was ok.. After the insurance company called and asked, I said I am ok.. BIG mistake.. To this day I have back and neck problems that my ortho Doc stated were most likely caused by that jolt and time I let pass with out getting treatment.. I have no respect for persons who fake injuries to get an easy payday, but if you were struck behind, you may have an injury arise in the future and you will have no recourse. Now with UPS,,, I am not sure. To me, a hourly worker, it sounds unavoidable and you should be ok.. But UPS views things very differently as we all know..
  15. Brownslave688

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

    Uh no. If I had air to deliver first I'd ask for a trailer lock. Drop the trailer at an agreed upon location deliver the air then come back for the trailer.
  16. Johney

    Johney Well-Known Member

    I'm sorry but we have multiple people pulling TP60's in our building and have never heard of this before. I pulled one for years and never asked or even heard of dropping it before running airs. Also I have never heard of any incidents/accidents involving TP60's. I'm not trying to be an ass just saying I've never heard of it.
  17. Brownslave688

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

    We only have two routes that pull them neither really have air issues so never had to do it. Have on quite a few occasions drove past the trailer 15 or so miles to do last ten deliveries then drove back to pick it up.

    I just don't see how it could be considered safe.
  18. Johney

    Johney Well-Known Member

    Believe me I see your point, but I can tell you one thing that adding 15+ miles to a rte because you don't want to pull a TP while delivering would NEVER happen in our building.
  19. trickpony1

    trickpony1 Well-Known Member

    Do any of these neighborhoods have signs that say "vehicles over two axles prohibited"?
    I would think you have four axles.........
  20. UpstateNYUPSer

    UpstateNYUPSer Very proud grandfather.

    To the OP---the only thing that may trip you up would be the positioning of the TP-60 in the road. Were you as far off the road as possible with your 4-ways on?