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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 32738
Experience:  Employment Law Expert
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I was told to pull a company trailer from one job to the

Customer Question

i was told to pull a company trailer from one job to the other, Arkansas to Texas with my personal truck because my Company could not pull a Dot Trailer With a Dot truck Without a cdl. My truck encountered engine failure on the way to texas with the overloaded trailer. i was left to pay for mechanical bills and towing wich equaled over 8,000 dollars. I was unable to pay for it and ended up losing my truck. is there anything i can do to make my company pay for using me to do there dirty work.
Submitted: 7 months ago.
Category: Employment Law
Expert:  Dwayne B. replied 7 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Was the trailer weight over what you truck was rated for?

Did you tell them you didn't want to pull the trailer? If so, what happened?

Did you know the trailer was overloaded?

Customer: replied 7 months ago.
the trailer was over weight and they said I had to pull it . my boss said if I didn't to not come back to work. they paid for my oil to be changed in my truck and that was it. the trailer weighed over 17000 lbs. I was in a 1 ton truck with the gvwr at 13500. can I file a lawsuit against them?
Expert:  Dwayne B. replied 7 months ago.

Yes, you could. It is a case of negligence or an intentional act but under the facts you describe you should be able to pursue a case against them. The employer clearly put their own interest above yours and, essentially, forced you to haul the cargo when they knew or should have known it was over the capacity of your truck.

You could sue them for the damages you incurred plus, if your lawyer can argue that it was a breach of contract (which is feasible) then you could recover your attorney's fees as well.

You can find a lawyer by going to www.lawyers.com and in the section for Area of Practice enter Civil Litigation or Consumer Law. Either of those will have the skill set you need.

You don't mention how much the damages were but up to $10k it can be filed in Justice of the Peace court but above that and it would have to be in either County Court at Law or District Court.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Expert:  Dwayne B. replied 7 months ago.

Best wishes to you and please don't forget to leave a Positive Rating so I receive credit for my work.

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