Profile For Michael W.

Yeah... The Pre-adverse thing is not a good sign.

Try Mesilla Valley Transportation (MVT). Corporate is out of Las Cruces, NM, but Operations are out of El Paso, TX. Although they aren't advertised as such, they are a good second chance company. Mileage pay is low, but they tag per diem (by the mile) onto each check. Ends up pretty good. As regional, I averaged $1300/week after taxes. The equipment can suck, but they treat drivers well enough. They do use Hire Right, though.

Although, you may have to wait for 18 months after your last ticket for a new chance. It's an insurance thing, based on points (not on your license - from what you report as well as what's on the record). If there's no official record of that accident attached to your name, might I suggest just not saying anything about it even when asked?

WEL just emailed me a "pre adverse action letter" along with my Hire Right report. Not sure what it means, it's light on details, but it doesn't sound good. There's nothing on the report that I didn't put on the application.

I'm having second thoughts about going back out there now, anyway. I've lost about 40 pounds since I stopped driving, because I'm out moving more at work. My family is dead set against me going back out there, mainly because my health has improved a lot since I came off the road.

I mean, I'd go back out there over the road if they offered me the job, but maybe it's just not meant to be. I don't think I'm going to even consider the Trans Am offer, at 31 cents per mile. For crying out loud, that's what I was making back in 1998. I can't see spending 14 days out on the road for $500-600 per week.

We'll see what happens.

I don't think anyone here is crucifying him. In fact, it's the opposite as far as my little pea brain can tell. My point was, mainly, that even if he never took his eyes away conditions dictate the accident would likely have happened anyway.

But, as it turns out, there's a separate ticket around the same time-frame, so - yeah - no longer monumentally unfair. Now, it's a cautionary tale. Not hopeless, though.

This is monumentally unfair towards you.

No one is crucifying Wayne here but this is far from monumentally unfair. He made a poor decision (possibly a series of poor decisions…more on that in a minute) that although seemingly small, resulted in a serious collision. If someone had been in the vehicle he struck, from the sounds of it that person would have likely been seriously injured or killed. Not a small mistake.

As someone already pointed out, it isn't the accident - it's the accident combined with that moving violation. Insurance companies work on a point system where each incident or ticket is assigned a certain number. I learned this myself a few years ago. All I had were two tickets, 1 year apart. One was a left lane violation, the other was Illegal Passing (forbidden left lane and passing at the same time). I think I ****ed off the trooper for the second ticket - his name was B Durham. He didn't seem to like the reference to Bull Durham. Next thing I know, inspection and that ticket. Anyway, that one was a 5 pointer. Combined with the 2 pointer other one, I was 1 point over what most insurance companies would accept. Other than that, I have an outstanding work record that companies really like.

I came to Texas to do specific work but that crashed my plans. Ended up working at MVT for 2 years to clean up the record. MVT is a company that self-insures up to a certain point. I liked them, so it wasn't hard to do. Crappy equipment, though. LOL

With that accident combined with that ticket, though, I'm not sure how that'll go for OTR/Regional companies. If I were you, regardless of what WEL says, I'd be working on getting them to put something into writing to ensure they did all the checks and still passed you before heading up to Wisconsin. If they take you, be prepared to spend at least 2 - 3 years with them until that ticket drops away. Some companies want 18 months after the last ticket (usually megas and majors).

I have two suggestions, though, which may help.

1. For the failure to yield ticket, check to see if that state will allow CDL holders to take a traffic class to keep it off your license. If they do, you may have to apply to reopen the case to request it (if you already paid that ticket). If you state allows CDL holders to take such a class, the judge will probably allow it just to keep you employed. Most states allow this, some do not (like Texas). Many of these classes are online, others are in-person, but it sounds as if this may be something you'll need to check. In person classes are generally 1 day, mainly Saturdays.

2. Florida is an agricultural state. Not sure exactly where you are off hand, but perhaps you can grab a local hauling job for a couple of years, even if part time. Even if it's driving a crappy box truck or bobtail truck. Many of those companies pay 1099 (be ready for that) and won't check your past beyond the easy stuff they can do in 1 day.

If you can afford it, you can also keep doing what you're doing right now for 18 months before making the rounds again.

My MVR has a failure to yield ticket on it from a month ago.

I was driving a regular rig pulling a standard 53' box trailer one rainy night when this happened to me. Thetracks were just a tad too high for my landing gear to clear. Was there a sign? Yes, but I missed it because it was raining hard and was very small. Even so, I already knew I shouldn't be trying a shortcut through what was obviously a narrow road through a purely residential neighborhood; 2 lanes cut down to one due to all the private cars parked on each side. But, me being a super-trucker, I figured I could get away with it. I didn't, and it was my first time (and last) being in this particular situation. When I realized how much I had F'ed up and couldn't get myself out of it, I immediately did the following in this order:

1. GET OUT OF THE TRUCK! 2. Call 911 (the emergency dispatch will immediately call a halt on all train traffic on that track) 3. Called the tow company (needed to rely on police recommendation for this) 4. Called my company's safety dept while waiting for tow (yes, I could tell they were kinda smiling at my loss of self-declared super-trucker status)

No ticket, because the police saw I was embarrassed enough. The company offered to pay the $1300 tow bill, but I insisted "my stupid fault, my treat!" I meant it, too. The tow guy overheard that and immediately reduced the bill to $900. Safety didn't even ding my company record for that. Best $900 ever unnecessarily spent. Since the track was daylight use only, Union-Pacific didn't charge for the shut down order. No damage to the truck or trailer (even the wind skirts were still good). Heck, my dispatcher (to whom I was close personally) never even mentioned it. To this day, I do not know if he was just never informed or knew I would cry if made fun of.

Lesson learned. The summation of what to do that fits everyone are those first to points above. Get out to a safe distance (just in case), call 911, then a tow. Make all other calls needed after those. Safety of all involved first, then deal with the feelings and consequences.

What is the best way to avoid this situation? What is the best action to take should you end up in this situation? In the video, it looks like the forward drive axle is not even engaged observing the smoke coming off only the rear tires of the truck tractor.

https://www.youtube.com/watch?v=9nx4JimRFKY

Would Kansas allow you to ask for Traffic School to keep the ticket off your record? That's kinda like probation that'll keep your record clean as long as you don't have any more moving violations during a certain time-frame (usually 1 year). Some jurisdictions allow for online classes at one of their approved schools, other will require in-person attendance. It would suck having to go there, but might be worth it to keep your record clear.

I ask if Kansas allows this, because my state (Texas) does not for CDL holders. Regular licenses, yes - not for us. They expect better of us, apparently. I found that out the hard way...but...the magistrate apparently took pity. I paid the ticket, never went into court, and the ticket never was posted to my license. Pity allowed? Yes. School? Nope. I was blessed.

Anyway, glad you achieved your primary goal of saving your gig. But, it may serve you further to check into traffic school, if it's allowed at this point or at all.

Pianoman, thanks for that info.

My hope is that others can look at my mistake and understand how costly and troublesome it can be to miss just one sign.

This is monumentally unfair towards you.

Even had you NOT been distracted for a second or two, sounds like this would have happened anyway. From what we can see in the police report, you did not admit to being distracted at the time. If you did, the Deputy did not include that information. Did you ever tell any of these companies that you were distracted? If so, don't do that anymore. YOU know, but that was not the cause. Losing your job over a no-fault is telling, though.

My guess is your former company is still mad about it and are actively informing your future potential employers why they do not consider you for rehire. Sometimes all it takes is saying NO for that particular question without giving a reason. Even if they give no reason, the potential employer may assume there is more to the story.

Did your former company have a dash cam for your truck? If not, did you have your own and keep that footage?

How does your DMV report look?

I need some suggestions from folks who have been here.

I worked for JB Hunt for 19 years. In 2018, I cashed in my retirement to open up my own business. Two years later, the covid shutdowns did me in, so, I went back to work for a small, family owned trucking company. In all my years in the business, working for these folks was like a dream come true. Absolutely loved working there.

I got hired in December of 2021, and in October, the accident happened. I was on I20 on a hazy foggy morning getting ready to cross the bridge over the big river into Vicksburg, when my peoplenet beeped at me. I looked down at it. Just for a couple of seconds. Those two or three seconds looked like they have ended my career. When I looked up, there it was. A parked gray 1995 era Ford Taurus, just sitting there, blocking the right hand lane, no four ways on, no nothing. The color of the thing blended perfectly with the gray asphalt and the foggy air. By the time I saw it, there was not much I could do to avoid it. There was a local cop right behind me when it happened. He was on his way to the car, because he had just been dispatched to it, someone had called it in. The lady had ran out of gas, and just left it there. No four ways on. She didn't call 911. She was cited for impeding traffic and driving without insurance. I was not cited. I asked the cop if I would be receiving a citation, and he replied "for what? You didn't do anything wrong." I have a copy of the police report. Indeed, the officer wrote it up so it was very favorable to me and hostile to the lady who left her car in middle of the road on the Mississippi River bridge.

That said, I have no excuse for not avoiding it. My attention was not 100% focused. I know that. I screwed up. Most of us have looked down at that thing for a second or two, and nothing happened. I'm telling you, when you been driving as many years as I have, eventually the law of averages is going to catch up with you, and you're going find yourself in trouble. I'm thankful she wasn't sitting in that car. I don't think I could live with myself had I taken a life that day.

The company fired me. Their reason they gave me was because I had only been there ten months. I think it was because they only have a couple dozen trucks, and I tore the hell out of that one that day.

That was in October. It's now February. I have not been able to find a job to save my life. I'm wor minimum wage jobs here in Florida. My savings has nearly dried up, and my credit cards are all maxed out. I get nothing but doors slammed in my face. I'm 59 years old, and it seems like my career is over. I've applied at dozens of companies. I've ridden the bus to orientation in various companies twice now and then sent home over this after being told it wouldn't be an issue. I don't know what I'm going to do. I'm at the end of my rope. I'm too old to find work stocking shelves in an Amazon warehouse.

If anyone has any suggestions, I'm open to any advice you can give.

But more importantly, don't let what happened to me happen to you. There's no message from your fleet manager that's more important than what is in the road ahead of you. It can wait. It doesn't matter how long you have been out here. I've got a wall filled with safety awards that I received from JB Hunt, dating all the way back to 2001. Those three seconds destroyed EVERYTHING.

Sorry Michael. Arguing with an idiot is a waste of my time.

Done with this one.

Wow. Just...wow.

Mr. Moderator calling names. Wonderful site this turned into. Lemme guess. I'm a troll now?

Aquila seems to have lost control. Glad you done, PackRat. So am I, and not just with you.

Okay Michael W.

What is your source for all of this "common knowledge"?

I grabbed it out of my ass.

Dude, look it up yourself. Regs, laws, cases - you can find these if you really want to know. I'm not about to be an unpaid gopher for you, man. Start by locating the case files for that class (not articles about it) and go from there. Contract law, contract law regarding the transportation industry, whatever. Federal regs and laws, state laws and regs, etc. It's a lot.

What you cannot look up. smart man, is my personal experiences and just WHY I say all this and keep appraised. Do I know contracts? Yep! Do I have to prove that claim to you? If so, exactly how would I go about doing that without being snarky as in the previous reply? Where in my posts did I ever say the phrase "common knowledge?" Where did I even imply that?

I'm not a lawyer. If I were, I'd likely be disbarred (eventually). I'm not even much of an expert on this. But, I have gone through this, I stay informed as much as time allows. It CAN be "common knowledge," but it isn't.

But, hey! If you want to make yourself feel better by backing handing me with that ol' velvet glove of implication that I have a wholly uninformed opinion, then so be it. Just don't be under the impression that I won't respond just because you have a Moderator tag. if you want a proper discussion, may I be so bold to suggest that you read up enough to carry a conversation that does not involve "so, what's your source" and the like. That shows you have no proper response and want other to do the work for you. If you think I'm full of it, the YOU prove it. You lay the groundwork, be willing to walk the path. If I'm wrong, prove it.

If I got you all wrong with this response, I really apologize.

Thanks Michael! Will be sure to keep that in mind. Studying as I'm typing this. I'm getting there I'm definitely getting there. I still got alot of time to practice/study,so that great. Will definitely update.

Studying now before they tell you to do it? YOU...are doing it right! By the time you get there, you'll be able to help others who just started.

It's really not that difficult. Mostly, it's the psyching out of taking a test.

If you were a company driver...the non-compete is legally unenforceable. The ONLY way to enforce such a retarded agreement at OUR level is through bull**** DAC entries and collusion of various companies agreeing not to hire anyone under that contract. There is a class action suit right now about that very thing, and WE is one of the many companies (all training companies, btw) included in that suit.

the class action you're referring to isnt quite the same as what the OP is talking about. The class action is in regards to new drivers going through CRST to obtain their CDL and not fulfill their obligation. Why wouldn't these companies "collude" to not hire a driver that didn't hold up their end of the agreement? Have you not read about them being sued by CRST for millions of dollars for doing so?

Come on, Rob! They already have a system in place to handle that. You get CDL with them, you owe them either time or money. AS I MENTIONED...if the guy got his CDL through them, then that contract is legal and enforceable - FINANCIALLY.

The "collusion" makes no sense, either. What companies were doing is luring away the rookies before end of term. What YOU do not mention is that luring works because...wait for it...the company winning over the driver bought out the contract. If they did not, the driver had to pay. Either way, the provious company got it's money back either in full or in payments. As long as that's paid, they really do not care if a driver leaves before term ends (fired or hired, works the same way).

While that class is specifically deals with this, it also deals with the fact that certain companies not only agree not to poach but also the fact that these same companies are PROACTIVE in preventing future employment by marking up a DAC. Why would they do that if their money is being paid? If they are not being paid back for a premature exit I would understand the sentiment, but there are legal precedents and remedies for that (ex, COLLECTIONS). But preventing further work? Why the F are you even in seeming support of that??

From the OPs post, I'm assuming he already had his CDL. Why sign a non-compete at driver level and then act on it PRIVATELY rather than legally? If if he gained CDL through WE, again, see above.

What you mentioned is NOT the point of the case. It is not a PENDING case, it is active. That means it passed legal muster before being allowed to go class. The non-compete contract dispute is really just the legal reasoning behind bring the case; it's really and wholly about extra-legal actions taken in a transparent attempt to mar a driver's record and prevent future employment. Add in that "collusion" thing and you have true Anti-Trust issues.

Like it or not, agree or not, that is indeed the case. If they make a driver sign a legal document but then do NOT use legal remedies instead choosing the underhanded ways...if they are in the right why do that? Can you answer that?