Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > TRAFFIC LAW > Speeding and Other Moving Violations

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 03-05-2009, 09:07 AM
Junior Member
 
Join Date: Mar 2009
Posts: 6

I was involved in an accident in a fire truck.


I am a paid firefighter in Florida. The accident occurred while driving the apparatus in a non-emergency situation. I was unable to stop at a stop sign due to poorly maintained brakes, and was hit in an intersection. No one was injured. The rear brake drums, pads, and shoes were all replaced the next week and reported in poor condition by mechanics. Also, the alignment on the front brakes was off. I was ticketed for running a stop sign, even though I told the Highway patrol officer that I felt like I could not stop. I was unaware that the truck's ability to stop had degraded so badly, but had missed a few turns the previous day ( I told the officer all of that as well). I did not know the brakes were inconsistent.

My chief told me that I panicked and should not have told the officer that the brakes were not working properly. The assistant chief told me via cell phone not to say anything about brakes before the officer arrived. Over the year and a half that I have worked there, the issue of the poor braking has come up several times. Someone would come to adjust the brake pads eventually. To my knowledge no work had been done on any other components of the brakes at all in a year and a half, probably longer. The braking would improve slightly for a few months after adjustment, and eventually degrade again. My chief also said that it was the paid staff's fault because we didn't mention brake problems, and there is no documentation of problems, although we did tell them about it on several occassions. There is literally no maintenance done to the apparatus without us kicking and yelling, although we never put anything in writing (bad move on our part).

Do I have any recourse? I just want to clear my name. I am 25 years old and have little experience driving trucks, no CDL was required to get the job. I did not know that the brakes would fail me or I would not have driven it, obviously.

Last edited by Traderpro; 03-05-2009 at 09:11 AM.
    Reply With Quote
  #2  
Old 03-05-2009, 01:10 PM
Member
 
Join Date: Jan 2007
Location: Mojave Desert, CA
Posts: 656
Quote:
Originally Posted by Traderpro View Post
I am a paid firefighter in Florida. The accident occurred while driving the apparatus in a non-emergency situation. I was unable to stop at a stop sign due to poorly maintained brakes, and was hit in an intersection. No one was injured. The rear brake drums, pads, and shoes were all replaced the next week and reported in poor condition by mechanics. Also, the alignment on the front brakes was off. I was ticketed for running a stop sign, even though I told the Highway patrol officer that I felt like I could not stop. I was unaware that the truck's ability to stop had degraded so badly, but had missed a few turns the previous day ( I told the officer all of that as well). I did not know the brakes were inconsistent.

My chief told me that I panicked and should not have told the officer that the brakes were not working properly. The assistant chief told me via cell phone not to say anything about brakes before the officer arrived. Over the year and a half that I have worked there, the issue of the poor braking has come up several times. Someone would come to adjust the brake pads eventually. To my knowledge no work had been done on any other components of the brakes at all in a year and a half, probably longer. The braking would improve slightly for a few months after adjustment, and eventually degrade again. My chief also said that it was the paid staff's fault because we didn't mention brake problems, and there is no documentation of problems, although we did tell them about it on several occassions. There is literally no maintenance done to the apparatus without us kicking and yelling, although we never put anything in writing (bad move on our part).

Do I have any recourse? I just want to clear my name. I am 25 years old and have little experience driving trucks, no CDL was required to get the job. I did not know that the brakes would fail me or I would not have driven it, obviously.
Your chief is doing a good job of making his problem your problem. You should simply drop it back into his lap. He needs to figure out a way to make your ticket go away or you intent to submit a vigorous defense in open court and file a complaint with the mayor. If your chief is expecting you to simply shut up and pay your fine/higher insurance premiums... you simply need to let him know that isn't an option.
    Reply With Quote
  #3  
Old 03-05-2009, 03:40 PM
Junior Member
 
Join Date: Mar 2009
Posts: 6
Thanks, Jimbo, I am going to try to defend myself.
    Reply With Quote
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 08:45 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.