Professional driver Started by Adriver_274 , Oct 14 2013 11:30 AM Please log in to reply 4 replies to this topic Posted 14 October 2013 - 11:30 AM Hello, I was considered an independent contractor on my last job, but did not own the truck I drove. It was owned by another company ( company B ) leased to an expedite company ( company A ). My the biggest of my issuses are with company B. I appoligize for this being long. I worked for a guy that owns four vans that was leased to company A. He decided he wanted to go buy a truck and let company B manage this truck until he could make the down payment. I was to be his co-driver. We had to pick the truck up in South Ga. we live in middle Ga. While we were there to pick-up the truck we signed company B's contract and was told by the guy he was buying the truck from that we would recieve copies of the contract when we drove to company B's office location in Ohio. We went to Ohio in this truck and it had severe electrical issues. We were aventionally put in another truck that company B owned. this was about April (tax time) we had to be home to file our taxes. He has had some health issues and decided he could not drive safely and did not go back out in this truck. I swapped this truck (nice truck) with other drivers that also worked for company B to a poorly maintained truck and what I considered to be unsafe. I was waiting for the original truck to be repaired (still in Ohio). I finally got back to the other truck (about a week and a half) and it was not fixed I drove it and it still had the same issuses. Company B offered me the same deal as my now ex-boss I told them no I didn't want that truck or to own anytruck. Company B put me in a truck that the owner claimed to be a well maintained truck. What a joke I wish I had pictures to show. Climate controls didn't work properly, the truck had rust on it that had just been painted over (sleeper section) A very weak engine, there was no enviromental control in the sleeper, If it rained water would drip over the passenger seat (I have a picture of that), I had to take a clip on fan to blow cool (not cold) air into the sleeper (2 to 4 hours to cool off) before I could sleep. I had asked more than once to get the air fixed and the first time it finally went to a repair shop company B told the repair shop to make sure that the heater hose valves were closed and if it had cut off valves to make sure they were turned off (not much improvement the heater valve was already off). by the way if you wanted a little heat you could turn the heater control and get heat, but to turn it back off you had to open the hood of the truck and move the heater valve manually back because the control inside would not turn it back off. The second time the system had O-rings leaking and a different repair shop said it was going to cost about $350.00 to fix the leaaks and recharge the system. Company B told me to get some freon and put it in my self (First I'm not a mechanic Second I am paid to drive the truck not work on it.) Altough I had to at times (later). I finally quit company B when I got back home after being out for more than six weeks (only supposed to be three to four) they were other safety issues with the truck ( bad tires they wouldn't replace broken windsheilds problems with air supply (air brakes) and then after I quit them but before they knew I quit they held my pay. I want to sue them, they have unsafe trucks on the road and they only care about how many dollars they put and keep in their pockets. I want legal advise on how to proceed. I can and will provide more details if needed. Thank you for taking the time to read all of this. 16,112 posts Posted 14 October 2013 - 11:54 PM If there is pay due to you, you may of course sue for a judgement for that. If the company breached its contract with you, you might have a claim to sue for the breach.
However, you cannot successfully sue for ?endangerment.? In tort (negligence) claims, you may only sue for the actual harm caused to you by the negligence of the company. You cannot get anything for what might have happened to you.
As for slander, that requires the communication of a false statement of fact about you to another person that damages your reputation. In most cases, you must have also suffered actual harm (e.g. financial loss, etc) from the slander as well. So what was the statement that was made and what harm, if any, did you suffer from it?
You might want to meet with a civil litigation attorney to review the contract you had and the details of what happened for advice on your options. 3 posts Posted Yesterday, 06:34 AM We signed a paper when my ex-boss and I went to south Georgia to get the truck that he was going to purchase. We both were told that we would get a copy of the contract that we signed, When we went to ( company B ) in Ohio. This was a lease purchase my ex-boss was going to do from an independent seller and company B was to manage the truck until the down payment was complete. We discovered the electrical issues on the way to Ohio (the parking lights would come on and off at random times, the blower fan for the AC/HEAT did not work correctly we froze our butts off on the way up to Ohio). Shortly after we arrived, company B's uncertified mechanics looked at the truck and determined that they could not fix its problems and was going to send it to a general maintenance shop to be repaired, company B put us in a hotel for the night. The next day they put us in a very nice truck that we could use and run till ours was repaired. As stated earlier we both had to be home to do our taxes and when the time came to go back out he did not go because of health issues. I wanted to know for certain if what a friend of mine told me about the contract I signed is true. He told me that his lawyer said a significant change of that nature voids any contract like this. If THAT change didn't void it, certainly the change from the original truck ( NOT owned by company B ) to one that was owned by company B did. I was at their office several times and mentioned contracts, but was shown a contract or was offered anything else to sign. I still have not received a copy of the contract or all of my pay settlement sheets. I know this is a very complex situation and I shouldn't have to fight like this to get my money. I have had email communication with company B and told them this is the only way I will talk with them, but now (the person I was emailing with) told me that I would have to speak with the owner ON THE PHONE ONLY. NO WAY is that going to happen. How about suing for pain and suffering, I had to suffer in hot conditions because the air conditioning was in need of repair and company B wouldn't pay to have corrected. It is also stated in DOT rules and regulations the the driver must be comfortable, because it causes driver fatigue and yes I was under those rules and regulations (CDL). The trucks maintenance is company B's responsibility. The owner told me on the phone that it was hot where I was and that's why the air conditioning didn't work well...really... that's why I called to get it repaired. They did a poor, poor, poor job of maintaining it like I should have been. The owner told me on the phone if something goes wrong with the truck call and let us know we will get it fixed...what a joke. They use scotch tape and bubble gum and bailing wire to patch it. There a lot more details that I have not yet mentioned. The slander I was talking about was after finally getting a co-driver he told me that the whole office talked about me at the office (late with loads all the time and I didn't have a good reputation for being on time from expedite (company A) this truck that had so many other issues one of them was a very weak engine ( some hills I was lucky if I would be going 25 MPH by the time I reached the top.) And it would take the truck forever to get back up to speed. <br>For the original version including any supplementary images or video, visit http://boards.answers.findlaw.com/index.php/topic/227861-professional-driver/