View Full Version : Accident with a bread truck whose liable
Breaddriver
Apr 5, 2009, 09:29 AM
Hi, I have been a bread truck driver for a few years now. I worked for a private owner and he sold his route. So I started a new route with a new private owner. He trained me for a few days and we both agreed I was good to run the route by myself. My first night I hit the top of a building because his truck is a lot higher than my old one. I called the owner and asked him what to do and he told me to just drive out of there. So I listened to him and left. He met up with me and helped me finish the rest of the route. Am I liable for the damage done to his truck? Any help would really be appreciated. I am not on the books with him at this time until I was fully ready to run the route.
JudyKayTee
Apr 5, 2009, 09:36 AM
I don't know what you mean by liable. His insurance company would pay for the damages. As far as the deductible, if he decides it is your responsibility and you do not pay he may very well sue you and I believe he will win. You were, of course, the driver. He had no responsibility for the accident as he had no control of the vehicle.
excon
Apr 5, 2009, 09:36 AM
Hello driver:
Running the route and whether you're responsible are TWO different things.
You ARE responsible - you wrecked the truck. If you pay him, I don't see why you can't still work for him.
He should have collision insurance, but you'll be responsible for his deductible. If he doesn't have collision, you're responsible for the entire cost...
The bad news doesn't stop there. You AND he, are also responsible for the damage you did to the thing you hit. You're also guilty of leaving the scene of an accident, and that ain't good, either.
excon
Breaddriver
Apr 5, 2009, 09:39 AM
I don't run his route I am just a one day a week worker for him and I was new to the route.
excon
Apr 5, 2009, 09:41 AM
I dont run his route I am just a one day a week worker for him and I was new to the route.Hello again, driver:
That just makes you real unlucky and changes NOTHING.
excon
Breaddriver
Apr 5, 2009, 09:46 AM
Another thing is I have a friend that owns a body shop and offered to fix the truck but he had his uncle do it instead without giving me an estimate or anything.
JudyKayTee
Apr 5, 2009, 09:51 AM
It's his right to go to a professional and get the work professionally done.
You were driving. He was not. No matter what the circumstances are, you are 100% liable for the damage.
It would have been nice if he had consulted with you but he is under no obligation to do so - and if he ends up suing you for the damage you can always argue that the charge was higher than you would have had to pay - if you can prove it.
His argument will be that this is his work vehicle and he didn't have time to "fool around" getting estimates.
The Court will decide.
Breaddriver
Apr 5, 2009, 09:55 AM
I always thought that as the owner you take a chance when you hire someone to work for you. I did not purposely hit the building. I also thought that being a commercial vehicle it would have to have full coverage. I was not on the books at the time and had permission to drive the truck.
JudyKayTee
Apr 5, 2009, 10:37 AM
I always thought that as the owner you take a chance when you hire someone to work for you. I did not purposely hit the building. I also thought that being a commercial vehicle it would have to have full coverage. I was not on the books at the time and had permission to drive the truck.
You thought wrong -
"Taking a chance" does not mean someone can hit a building and have no responsibility for the damages. In fact, what do you mean by "taking a chance"?
In a perfect World, who would you find responsible for hitting the building and the subsequent damage? The owner of the vehicle, although he didn't have custody/control of the vehicle? The owner of the vehicle because he hired you in the first place - and apparently shouldn't have? The building?
A commercial vehicle does NOT have to have full coverage, any more than a private vehicle does NOT have to have full coverage.
Being on the books or not on the books, having permission to drive or not having permission to drive changes nothing. I would recommend AGAINST the whole, "I was working off the books" argument. The fact that both of you were engaged in something illegal (working off the books) does not change the facts of the accident.
My suspicion is if you allowed someone to drive your personal vehicle and they brought it back damaged you'd have a very different opinion on this subject.
At any rate, I'm a liability investigator. What I have told you is how it is.
Breaddriver
Apr 5, 2009, 10:43 AM
First off I'm 22 years old and have never been in an accident before. And accidents do happen I forget a piece of bread every now and than doesn't mean it should come out of my pay. I don't appreciate the way you said he shouldn't have hired me. So just stop talking
excon
Apr 5, 2009, 10:49 AM
Hello again, driver:
What makes you think "full" coverage doesn't carry a deductible?? What makes you think the law makes him carry insurance that will only benefit HIM?? Nope. Full coverage is to make sure anybody he damages with his truck is going to be fully covered. The state doesn't care a whit about his truck.
Plus, you say he took no chances with YOU. Dude! He took a HUGE risk, and he's paying for it too. His truck is down. He needs a new part time driver. His insurance rates are going up. Plus, I did mention that he's liable for damage you caused to the structure.
But, you're going to SHARE in the costs because you were irresponsible with his property. It doesn't matter that you had permission. It doesn't matter that you were on or off the books. The only thing that matters is that YOU had an accident. Nobody is saying you did it on purpose. But, you are responsible. You were operating the truck. You could have noticed that it was bigger than your older one. You didn't. You should have. If you had done so, you might not have hit the thing. Wouldn't that be so??
Consequently, you are responsible for paying because you were irresponsible when you drove. If you drove MY car and had a wreck, I'd want you to pay for it. If I borrowed YOUR car, and wrecked it, you'd want ME to pay for it. Come on, Dude. It's not rocket science.
excon
Breaddriver
Apr 5, 2009, 10:52 AM
And if he chooses to not go through his insurance company I am responsible for the full cost of the repair
JudyKayTee
Apr 5, 2009, 10:55 AM
No, YOU report it to his insurance company (if you have the info) OR YOU refuse to pay, he takes you to Court, the Court forces him to file with his insurance company.
You pay the deductible.
excon
Apr 5, 2009, 11:00 AM
and if he chooses to not go through his insurance company I am responsible for the full cost of the repairHello again, driver:
Okee doakee, then... A piece of GOOD news for you...
He can make that choice if he likes. After all, his rates WILL go up if he makes a claim... But, you're only liable for his deductible. As I said earlier, if he didn't have collision, you'd be responsible for the entire cost... But, if he DOES have collision and refuses to use it, that's a different matter.
excon
twinkiedooter
Apr 5, 2009, 11:15 AM
If you have a CDL license as a professional driver then you would have KNOWN to GOAL (get out and look). This would have prevented you from wrecking into the building. Just because the truck was of a different height means nothing. As a professional driver it is your responsibility to GOAL period. You didn't and you wrecked into the building and then left the scene of the accident.
If you don't want this accident on your record I would suggest that you get together with the vehicle's owner and pay for the damage or pay for the deductible. Either way you are responsible for whatever damage you did to the vehicle. Working off the books is definitely no excuse or a good defense either.
Breaddriver
Apr 5, 2009, 11:20 AM
I don't have a cdl the owner said I don't need one
Breaddriver
Apr 5, 2009, 11:21 AM
I'm not a professional truck driver I am 22 and I do this on the weekend for some extra cash
excon
Apr 5, 2009, 11:34 AM
Hello again, driver:
That's why I said you're unlucky.
But, I have MORE good news for you. You're young. This lesson is going to cost you a few bucks now, but in the long run, you'll save a bunch by knowing what you now know.
Lots of people never learn this lesson and it costs them bunches and bunches. They lose relationships too. But, you're not going to anymore. You'll take responsibility from now on.
Did I mention that you're young? That ain't BAD news.
excon
Fr_Chuck
Apr 5, 2009, 12:47 PM
First, I have a good friend that drives a bread truck and yes of course if you lose bread it comes out of your pay check, if not, you are lucky. The load is counted and loaded, if it is missing, the driver is liable. Some companies allow a few percent of missing items, but not a lot.
But the driver is even charged back if there is too much stale bread picked up and turned back in.
So the owner of the route is eating this for you if he is not charging you back.
As for the wreck, you are liable for the deductable, I know a lot of commercial trucks have 1000 or higher deductable because of the high cost
Breaddriver
Apr 5, 2009, 01:01 PM
If you have to pay for every time u short someone something you would wind up owing the owner money at the end of the route. I take out over 1,500$ dollars worth of bread for 140 bucks looks like we are going to have to go to court over this. If I hire a 18 year old kid to run my route and he gets into an accident I can't expect him to pay for the entire accident.
JudyKayTee
Apr 5, 2009, 06:27 PM
if you have to pay for every time u short someone something you would wind up owing the owner money at the end of the route. I take out over 1,500$ dollars worth of bread for 140 bucks looks like we are going to have to go to court over this. If I hire a 18 year old kid to run my route and he gets into an accident I can't expect him to pay for the entire accident.
You can "expect" anything you want. You posted this on a law board and you were told what the law is. You don't want to hear it.
So take it to Court - come back and let us know how it works out for you.
While you're in Court, be sure to mention that this is for extra money and off the books.
Then let us know what IRS says.
Breaddriver
Apr 5, 2009, 07:14 PM
OK no problem mr.jones I am sure it is going to be a HUGE problem the couple days I worked for 80 dollars while being trained. When you have people committing welfare fraud and telling courts that
Fr_Chuck
Apr 5, 2009, 07:31 PM
Bread driver, I am just telling what happens in real life with Flowers Bakery, Colonial Bakery and Bunny. I know how those work as a fact, Each loaf has to be accounted for, esp on the Flowers routes since they are loaded pre picked for each customer, so each customer has their order already picked to be delivered. And credit for each loaf picked up has to be accounted for. ** they allow you to give a few picked up loafs away, but you even note that.
So if you are "losing" loaves of bread, you are losing someone's money, If the driver owns his own route, he has to pay for the load, and he makes his money on the profit, so loss loafs cost the owner of the route money.
Some if you were in a store, and your cash register comes up short 5 dollars or 30 dollars every day, they would expect you to balance the money.
Not sure what welfare fraud has to do with it, but this is civil not criminal issues, and if the owner of the truck and route will let you slide, no problem, but he can demand you pay, and legally do so.
We can feel sorry for you, but to be honest I have helped on my friends bread route, and maybe at the end of a day we are one or two loafs off but never more than that.
Breaddriver
Apr 5, 2009, 07:37 PM
I am very rarely short but what your saying is called guaranteeing the route. In which case you become a working partner not an employee. Because it is impossible to never make a mistake in this business. But my bakery does not only deal with loafs we have hundreds of different kind of bread.
JudyKayTee
Apr 6, 2009, 06:56 AM
ok no problem mr.jones I am sure it is going to be a HUGE problem the couple days I worked for 80 dollars while being trained. When you have people committing welfare fraud and telling courts that
Is that the "I'm bad, I committed fraud, but THEY committed bigger fraud and, therefore, are worse people" defense? I don't understand the "when you have people committing welfare fraud and telling courts that" sentence. What is "that"?
Your defense - people are committing Welfare fraud - should be an interesting argument.
And, yes, IRS will take action over $80. I think IRS will take action over 80 cents but that's my opinion.
Breaddriver
Apr 6, 2009, 07:03 AM
Hey buddy I just paid one of the neighborhood kids 30 bucks to mow my lawn OMG TAX FRAUD SOMEONE CALL THE IRS JUDYKAY TO THE RESCUE. Hey kid did u file that 30 bucks well your going to jail. Shut down the lemonade stands everyone
this8384
Apr 6, 2009, 07:56 AM
hey buddy I just paid one of the neighborhood kids 30 bucks to mow my lawn OMG TAX FRAUD SOMEONE CALL THE IRS JUDYKAY TO THE RESCUE. Hey kid did u file that 30 bucks well your goin to jail. Shut down the lemonade stands everyone
When did Judy say she was contacting the IRS? She gave her opinion that the IRS would take action over $.80, which quite frankly, I think is her way of mocking the IRS to begin with.
I'm curious as to how you don't think this is your fault. Of course it was an accident; if you wrecked the truck on purpose, you've got bigger issues. Just because you "didn't mean to" doesn't release you from your liability; if that was the case, nobody would need insurance because nobody ever plans an accident, now do they?
Curlyben
Apr 6, 2009, 08:01 AM
>Thread Closed<
As the OP clearly can't see reason and just wants to be aggressive and argumentative.
Breaddriver
Apr 6, 2009, 03:40 PM
Ha everyone is wrong my lawyer says I'm not at fault at all. I should have been listed on his insurance as an insured driver. If someone worked at mcdonalds and ACCIDENTALLY knocked over a microwave and it caused a fire should they be responsible to pay. This is why you guys are online answering questions for free cause its not worth anything. THANK YOU ALL. And fact remains I still have to the end of the year to claim the money I received from working the bread route. The owner will get in more trouble for paying me under the table.
JudyKayTee
Apr 6, 2009, 07:45 PM
Ha everyone is wrong my lawyer says im not at fault at all. I should have been listed on his insurance as an insured driver. If someone worked at mcdonalds and ACCIDENTALLY knocked over a microwave and it caused a fire should they be responsible to pay. This is why you guys are online answering questions for free cause its not worth anything. THANK YOU ALL. And fact remains I still have to the end of the year to claim the money I recieved from working the bread route. The owner will get in more trouble for paying me under the table.
I'm an accident investigator - your Attorney is wrong. You don't have to list occasional drivers on your auto policy. ANYONE driving any vehicle which is not stolen is covered by the owner's policy.
There's a difference between knocking over a fryer at Mcdonald's and driving a vehicle into a building, a difference which your "Attorney" undoubtedly does not recognize.
I notice you don't like the advice but you can't seem to stay away.
By the way - is this your lifetime career, delivering bread part time and off the books?
twinkiedooter
Apr 6, 2009, 08:44 PM
Does your attorney have a license to practice law in your state? With advice like he gives I sincerely think he flunked the bar several times.
I think you just don't want to hear the part about where you will have to pay for the damage that you did to the truck or the building... whether the advice is free or not we (collectively) are correct in our assessment of many, many different scenerios when it comes to accidents... and JudyKT is an accident investigator to boot. If that's not an expert, I don't know what an expert is then. This lady actually GETS PAID real money to do this for a living so why would she give you anything but correct advice?
Hope you don't follow your "attorney's" advice though as it will come back to bite you in the situpon.