Hypothetical question. WWYD

Backlasher

Stronger, Faster, Browner
That's the main problem that I have with all the consequences we're liable for and charged for. It can cause some of us to feel we don't have an option and worried about bein charged for an avoidable accident because u need a tow or cause u turffed the lawn on a curb. This can cause some to freeze and not move out the way for running all the senarious in our heads before impact.

I'd hit the curb or ditch to avoid the car's impact cause at least I and other driver can walk away from that one.

The ice season is stressfull especially when our commitments are high and time allowance the same a summer.
 

bbsam

Moderator
Staff member
I take the ditch/parking lot. I may get fired. Here's the problem. What if that accident KILLS the other motoritst? Is it good enough that I covered my ass and UPS is happy even if I KNOW it cost a life? Always have to look at the worst possible outcome and defend against it. These are big heavy vehicles and as such are pose serious dangers. I don't know how well I'd sleep at night with that lapse of judgement.
 

UpstateNYUPSer(Ret)

Well-Known Member
I was involved in an accident 10-15 years ago. I was on a "road", which was actually about a lane and a half wide dirt road for a bottled water plant, driving down to make a pickup. Tractor trailers were required to call before entering the road but we had no such requirement. It was shift change so I knew I had to use caution as the workers would not be as cautious. As I was approaching a bend in the road I noticed a vehicle coming toward this bend traveling much too quickly so I pulled over to the right as far as I could, put the parking brake on, turned off the vehicle and braced for the impact. He hit me between the driver's door and left front wheel causing minimal damage. His vehicle had extensive damage and he sustained some fairly significant injuries. He also received 3 traffic tickets. The accident was deemed unavoidable but UPS did end up settling with the driver for $20K.

In tooner's hypothetical case I would have done as she did--pulled over as far to the right, put the parking brake on, turned off the engine and braced for impact.
 

toonertoo

Most Awesome Dog
Staff member
I take the ditch/parking lot. I may get fired. Here's the problem. What if that accident KILLS the other motoritst? Is it good enough that I covered my ass and UPS is happy even if I KNOW it cost a life? Always have to look at the worst possible outcome and defend against it. These are big heavy vehicles and as such are pose serious dangers. I don't know how well I'd sleep at night with that lapse of judgement.

And exactly what I mean, I think I would hit an open area, if I had one. And I do not fault the driver one bit for the way he handled it. Because it seems to be proper in UPS eyes. And he has kids, and hes got a long way to go, and knowing him I know what goes through a mind when making a split second decision. And your career could be on the line, if that car recovers and moves on, as in another post, where someone was fired for the exact same thing. .

I was involved in an accident 10-15 years ago. I was on a "road", which was actually about a lane and a half wide dirt road for a bottled water plant, driving down to make a pickup. Tractor trailers were required to call before entering the road but we had no such requirement. It was shift change so I knew I had to use caution as the workers would not be as cautious. As I was approaching a bend in the road I noticed a vehicle coming toward this bend traveling much too quickly so I pulled over to the right as far as I could, put the parking brake on, turned off the vehicle and braced for the impact. He hit me between the driver's door and left front wheel causing minimal damage. His vehicle had extensive damage and he sustained some fairly significant injuries. He also received 3 traffic tickets. The accident was deemed unavoidable but UPS did end up settling with the driver for $20K.

Why on Gods green earth, when it was deemed unavoidable, would ups pay that driver one dime.??????

In tooner's hypothetical case I would have done as she did--pulled over as far to the right, put the parking brake on, turned off the engine and braced for impact.

Its not what I did Dave, I see it is what you did . What made you do that over heading for the field>
 
Toon did not mention if it was a blind corner that the Acura came around. In a blind one, take the ditch. If it were one out in the open such as on a rural route were you can see for miles then the driver should have noticed the car operating at a high rate of speed for the corner and slowed earlier to give both vehicles an out.

On a personal level. If it's me our someone else going home it's gonna be me. I can get another job.
 

rocket man

Well-Known Member
Why rocket man is it a weird question?
I question stuff I dont agree with, Im just asking how others feel, to see if I am a lone wolf, and idiot, or just because my thoughts differ from protocol, that I am indeed right or wrong.
your ok i thought it was a odd question i have opinions to
 

dilligaf

IN VINO VERITAS
Tooner, having driven commercially for many many years, one of the first things I learned (not UPS) was to do everything possible to avoid an accident but NEVER EVER leave the roadway to avoid a collision. Now mind you, this was in relation to avoidance of a collision that is out of your control and many years ago. Had to do with insurance and who was responsible for paying for damages. I would think that this would still apply. If you chose to go onto private property and caused damage for doing so then the insurance company could claim that the damage was your responsibility. If you were forced (via a collision) onto private property then the responsibility would fall to the person that forced the damage.

Brownslave hit on another issue that falls into this. Proof. If there is no damage from the other vehicle it is hard to prove that the other vehicle was even there.

Regardless of UPS's position, your scenario was the right thing to do.
 
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Old International

Now driving a Sterling
DILLIGAF is correct. You have the right to hold your lane of travel. If you decide to leave the lane of travel before contact, then everything is on you. If it were me, I would have been standing in the front yard, watching the accident. That is, after I properly secured the UPS vehicle.
 

toonertoo

Most Awesome Dog
Staff member
Ok, then hypothetically I would be wrong, since I would have if possible left the roadway. The theory in my life, goes into my thought process in driving, fight or flight, Ill fly every time. But I still have to think to make myself do it their way. If it ever happens to me, I hope I do the right thing.
BTW driver is back, not charged, and people in other vehicle are Ok. I guess its all good. Maybe she learned something from this, she had 3 kids in the car with her.
 

dilligaf

IN VINO VERITAS
Ok, then hypothetically I would be wrong, since I would have if possible left the roadway. The theory in my life, goes into my thought process in driving, fight or flight, Ill fly every time. But I still have to think to make myself do it their way. If it ever happens to me, I hope I do the right thing.
BTW driver is back, not charged, and people in other vehicle are Ok. I guess its all good. Maybe she learned something from this, she had 3 kids in the car with her.
Every situation is going to be different and every response is going to be different. There have been several cited incidences and each one had there own solution that was very viable. Like hitting a snowbank instead of going through an intersection. I would have, absolutely, done the same thing.

She had no business driving like that with children in the car and I hope she was charged with endangerment at the very least.
 

ORLY!?!

Master Loader
I was involved in an accident 10-15 years ago. I was on a "road", which was actually about a lane and a half wide dirt road for a bottled water plant, driving down to make a pickup. Tractor trailers were required to call before entering the road but we had no such requirement. It was shift change so I knew I had to use caution as the workers would not be as cautious. As I was approaching a bend in the road I noticed a vehicle coming toward this bend traveling much too quickly so I pulled over to the right as far as I could, put the parking brake on, turned off the vehicle and braced for the impact. He hit me between the driver's door and left front wheel causing minimal damage. His vehicle had extensive damage and he sustained some fairly significant injuries. He also received 3 traffic tickets. The accident was deemed unavoidable but UPS did end up settling with the driver for $20K.

In tooner's hypothetical case I would have done as she did--pulled over as far to the right, put the parking brake on, turned off the engine and braced for impact.

Did he get the 20K?
 
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