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Question for owners

TSexpediter

Seasoned Expediter
Offline
Hello everyone and Merry Christmas,

I have a question for the owners. How do you protect yourself when it comes to money you need to recover from drivers? Do you have escrows? Do you withhold pay for an extra week?
Also, anyone ever filed a lawsuit agains a driver? How did that go?

On a differen note, if a driver hits a deer, who's fault is it? Who should pay the deductible on insurance?

Thank you!
 
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Lawrence

Founder
Staff member
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Hello everyone and Merry Christmas,

I have a question for the owners.

On a differen note, if a driver hits a deer, who's fault is it? Who should pay the deductible on insurance?

Thank you!

I would say 100% the owners responsibility!

The driver had no choice in:

- The deductible
- The insurance carrier
- The time and route of the freight

On the other hand - if the driver receives a share of the profits once all the expenses are covered annually - I would make sure we agree to cover the "the risks"...and the profits.

IMHO
 

TSexpediter

Seasoned Expediter
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How about when it's the driver's fault in an accident?

What you say about choice in insurance is true. But if I have a stipulation in my contract regarding the "at fault" accidents saying the driver will cover the deductible, than the driver has the choice of signing the contract or not. So the situation is not if they should pay or not, but if it is an "at fault" accident or not...
 

Lawrence

Founder
Staff member
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Well it all comes down to the fine print. I hope all parties considered the cost before entering into the agreement. Hope it all works out for you.

DaveKC is a our resident Fleet Management expert...DAVE!
 

x06col

Veteran Expediter
Charter Member
Retired Expediter
US Army
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TS, we'll prolly hear from more that will champion the cause of "drivers", but the fact is, they are sharing the "profits" when on a [percentage of the profits] ie. 60/40 as a CONTRACTOR. My contracts ALWAYS read the driver was responsible for the deduction for a PREVENTABLE accident. That took the grey areas out of the issue. If a controversy arose I would ask a professional appraiser to make the determination. I have never seen a case of hitting a deer non preventable. (as unfortunate as it may seem) but, those type things I would help out with. However, the "stewpid" stuff that happens I WOULD strictly refer to the contract.
 

davekc

Senior Moderator
Staff member
Fleet Owner
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For us, I go with "fault" that is determined by a third party. Primarily a ticket from law inforcement. Hitting a deer doesn't fall into that catagory unless it is Rudolph. If it is a chargeable accident to the driver, then they would be responsible for the deductible which they know up front is $1,000. If it is not their fault and charged to someone else, then we pay on a per day basis the time the truck is down. Driver is losing revenue the same that we are.
 
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TSexpediter

Seasoned Expediter
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So I'm going back to my initial question, and the most important one: how do you make sure they have $1000 for you to get. What if they have been sitting home for the last week, you already paid them for the last loads, and they hit the van. And then they quit. How do you get your $1000? Again - escrow? Don't pay the money as usual if they have been sitting?

Anyone who would be willing to share their contract with me?
 

davekc

Senior Moderator
Staff member
Fleet Owner
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So I'm going back to my initial question, and the most important one: how do you make sure they have $1000 for you to get. What if they have been sitting home for the last week, you already paid them for the last loads, and they hit the van. And then they quit. How do you get your $1000? Again - escrow? Don't pay the money as usual if they have been sitting?

Anyone who would be willing to share their contract with me?

Sorry. Should have been more specific. Yes..........we have a escrow that is for this or any other costs that are incurred.

BTW........as for contracts, I would highly advise having your own attorney draw this up for you. To many specifics for a one size fits all. Hopefully you wouldn't buy a house without one, I would recommend the same approach here.
 
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blizzard2014

Veteran Expediter
Driver
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When I worked for D. a couple of years back we had a written contract that he would hold back my pay to the tune of 500 dollars if I quit and did not return the van to his home location. We also agreed that he would take out 500 dollars for the deductible if I had a preventable accident. Having a contract is key, also you want to look for guys who have experience and references, as well as some back-up capitol. Even drivers need to be responsible with their money; that way they can remain profitable, and in turn generate revenue for their owners.

I spent 5 months straight on the road, available 100 percent of the time, repositioned on my own dime to better areas and scored loads, only turned down two mini runs in all that time, and my owner never appreciated it. Instead I was micro-managed and had 2500 dollars of my funds reversed out of my bank account because the guy put a stop payment on the check when I drove my truck 200 miles to Texas to the nearist Citibank location to obtain a replacement ATM card.

The owner was good, don't get me wrong. He paid on time, never shorted me, and he maintained the van well. He just didn't understand that Laredo, California, and out west were good places to find freight. He sat in Los Angeles once for a week and would never go back when I have had friends who get loaded out of Los Angeles 7 out of 7 times that they were there. It just goes to show, you need to have an experienced driver at the helm.

Any how, I wish you luck in recouperating the money for damages. But if you did not have a "written" contract that stated the owners responsibilities and the drivers responsibilties, you are going to have a hard time trying to go after the driver for monetary conpensation.
 
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arkjarhead

Veteran Expediter
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I think if the driver has a preventable accident they should pay the deductible. I don't think hitting a deer is a preventable accident in most cases. Most times you see them on the side of the road and when they run it never fails they run at the last second. It really bad during the rut. Some buck will be chasing a doe and she won't even watch the traffic and run right out of the woods on to the highway.

Also who decides if it is preventable or not? The owner, driver, law enforcemnet, or insurancement provider?
 

highway star

Veteran Expediter
Owner/Operator
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I have never seen a case of hitting a deer non preventable.

Really? Then I guess you'd say that radically jerking the wheel to the point that you'd roll the truck would be an acceptable way to avoid hitting a deer? I've hit 3 in the last 25 years, 2 in a truck and 1 in my personal vehicle. The 1 in my pick-up truck I had enough time to react enough to almost not hit him and there was no damage to the pick-up. The 2 in the truck I just couldn't avoid. The last one was just a couple months ago. It was apparently down in the ditch, so very hard to see in the dark. By the time I saw it, it was a done deal.

Now, there have been times that I've been able to see them in time to slow down, and when they crossed in front of me it wasn't a problem. Living in Northern Michigan makes me very aware of deer and the problems they cause. Based on my experiences and those of people I know, some professional drivers, some not, if a deer is hit it was most likely totally unavoidable.
 

arkjarhead

Veteran Expediter
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Really? Then I guess you'd say that radically jerking the wheel to the point that you'd roll the truck would be an acceptable way to avoid hitting a deer? I've hit 3 in the last 25 years, 2 in a truck and 1 in my personal vehicle. The 1 in my pick-up truck I had enough time to react enough to almost not hit him and there was no damage to the pick-up. The 2 in the truck I just couldn't avoid. The last one was just a couple months ago. It was apparently down in the ditch, so very hard to see in the dark. By the time I saw it, it was a done deal.

Now, there have been times that I've been able to see them in time to slow down, and when they crossed in front of me it wasn't a problem. Living in Northern Michigan makes me very aware of deer and the problems they cause. Based on my experiences and those of people I know, some professional drivers, some not, if a deer is hit it was most likely totally unavoidable.

That's like the study the Arkansas Game and Fish did that said there were more deer in the state than people. It's bound to happen.
 

x06col

Veteran Expediter
Charter Member
Retired Expediter
US Army
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I agree totally star, them deers are impossible to miss if'n they really want to run in to you. But, who paid the deductable for the damage in your instances??? It's not "fair", to have to pay em, BUT, someone has to. An I weren't there. I think if you re read, I mentioned I helped out with the funds.
 
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