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Question

I was involved in an accident while driving a flatbed with nitro glycerin. An intoxicated woman in an SUV came from behind at over 100 miles per hour, went off the road, overcorrected, rolled her vehicle into the trailer of my rig. The impact knocked my back trailer wheels off the road ( I was in the right lane). I took out 200 feet of guard rail, but kept the vehicle under control and did not go down the ravine and explode my load. The highway patrol and my boss patted me on the back for not losing control. That was October 2008. I worked for the same company for another year. Freight got slow, so I changed jobs last week. I got fired this week because the USIS/DAC report says the accident was preventable according to the safety director at the old company. The accident report says I did everything right. The old company cursed me and refused to change the DAC report. I am unemployed because they lied. What do I do? I have a call into a local attorney who has not called back yet.

Submitted: 18 days and 3 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Optional Information

State/Country relating to Question: Missouri

Already Tried:
Contacting the old employer, both CEO and safety director. They would not talk to me for several days, but eventually did. They cursed at me, said rude things, and refused to give accurate info to USIS/DAC.

Accepted Answer

Here your only option is to retain an attorney and file suit against your old company. DAC will not change the report unless the company agrees since the company has the right to determine whether the wreck was preventable or not preventable but they do not have the right to blackball you. There have been several Federal lawsuits against DAC and they have won so you will have to go against the company. Expect an attorney to require a retainer, probably 2500 to 5000.

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Expert: Wayne Patterson
Pos. Feedback: 98.3 %
Accepts: 
Answered: 11/5/2009

Attorney

Experienced in Construction Law and Traffic Law

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