Driver Hits My BF's Truck in Parking Lot...Should he be blamed

brownmonster

Man of Great Wisdom
I have many strip malls and businesses on my area. If I do park behind a car I make sure no one is in it. I'll walk a few more steps to avoid the hit.
 

Jackburton

Gone Fish'n
I have many strip malls and businesses on my area. If I do park behind a car I make sure no one is in it. I'll walk a few more steps to avoid the hit.
Its the old lady two slots down that backs up into your front end you can't do anything about. Should have expected her to come out of the hair salon in the 1.5 minutes you were delivering to the bakery next door.
 

DS

Fenderbender
This happened to me about 2 yrs ago.
Accident.png
 

soberups

Pees in the brown Koolaid
Its all a numbers game.

Management has a quota of warning letters that they are required to generate on a monthly basis, so it doesnt matter whether an "accident" was truly "avoidable" or not; if they cant find a legitimate reason to blame the driver for the accident they will simply make one up and rubber-stamp the warning letter anyway. We arent contractually entitled to safe driving awards or recognition, so there isnt anything to grieve. Once the progressive discipline gets to the point of a suspension, we can then file a grievance and continue working while the case is being heard. No one is ever going have a suspension or termination upheld based upon being hit while parked; the entire process is nothing more than an excercise in job justification, warning letter generation and hot air spewage for the management people involved.
 

Indecisi0n

Well-Known Member
My center manager has already told me "Every accident is avoidable because there is always something that could have been changed to prevent it". At least he is truthful.
 

Dracula

Package Car is cake compared to this...
No matter what happens in this situation, you will always be wrong. Want proof? Simple. If a supervisor is riding with you on a performance ride, where do you think he will tell you to park? That's right, he will say, "No, park as close as possible, even if you are blocking cars in a parking lot." I've been in more than one argument with sups about this very situation. He would say, "You need to park closer." "No," I would say, "I need to park SAFE, not close." Bickering ensues. But all you have to do is point out that other drivers have been charged with accidents when parking that close to other vehicles. They, of course, will still argue, but that's just too damn bad.

I can't remember what the argument was, but it had to do with something unreasonable being blamed on me. So I asked my driver sup, "If a tree falls in the forest, and no one is around to hear it, is it still the driver's fault?" He didn't get the joke...
 

stink219

Well-Known Member
Are there any laws that constitute a person being able to hit a parked car regardless of location? I don't think so. If the moving vehicle strikes a parked car, its 100% the fault of the driver of the moving vehicle, even if the car is parked on the highway. At least that's in RI. (Brother has been a cop for 25 years) In UPS world, there is a fine line between "fault" and "avoidability". Was your bf cited at the scene by the officer?
 
T

talkingtalking01

Guest
Are there any laws that constitute a person being able to hit a parked car regardless of location? I don't think so. If the moving vehicle strikes a parked car, its 100% the fault of the driver of the moving vehicle, even if the car is parked on the highway. At least that's in RI. (Brother has been a cop for 25 years) In UPS world, there is a fine line between "fault" and "avoidability". Was your bf cited at the scene by the officer?

No he wasn't cited but he did say he was parked illegally. He has a police report (guessing that is it) only has the woman's name and my bf's name with make and model of car, insurance, address, phone number etc. for both people nothing stating "fault" of any kind or diagram. This is what UPS gave him. There was a check mark of damage that is all I remember. I'm assuming its the union rep who gave it to him. It was in his office box yesterday.
 

stink219

Well-Known Member
Illegally parked is a separate issue. The person hit him. Their insurance will take the burden. As far as UPS, it's a Tier 1 accident deemed avoidable. Case closed.
 

Jones

fILE A GRIEVE!
Staff member
Be sure and notify the woman in the SUV that she can go ahead and and file a lawsuit against UPS for pain and suffering in addition to any injuries she may have suffered, get a top notch personal injury lawyer who specializes in big settlements. Should be a slam dunk seeing as how UPS has already determined that we were at fault, but if necessary your bf can provide a copy of his warning letter as evidence.
 
Are there any laws that constitute a person being able to hit a parked car regardless of location? I don't think so. If the moving vehicle strikes a parked car, its 100% the fault of the driver of the moving vehicle, even if the car is parked on the highway. At least that's in RI. (Brother has been a cop for 25 years) In UPS world, there is a fine line between "fault" and "avoidability". Was your bf cited at the scene by the officer?
The driver should tell the person who hit him insurance that ups found him at fault so that lady could sue ups.
 
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