Road safety is everyone's responsibility

[christian_342]

I read through the very long posts and, in my opinion, I do not see the arguments working in court to change the outcome. But I have been surprised in the past.

If a good enough lawyer is met by a bad enough lawyer then the good lawyer can twist the truth in favour of his client, it's not gonna be the first of such cases

 

[quincy]

If a good enough lawyer is met by a bad enough lawyer then the good lawyer can twist the truth in favour of his client, it's not gonna be the first of such cases

It is RomTon (not a lawyer) versus the DOT.

 

[stealth2]

It is RomTon (not a lawyer) versus the DOT.

And who has deeper pockets?

 

[quincy]

And who has deeper pockets?

And the better argument.

 

[RomTon]

Yes. I saw how you restrained yourself from saying too much in your first two posts.

You have started two threads about two different trucking issues (this one, and the other about an accident involving an uninsured driver for your company). I am afraid I got them confused.

In this thread, you said you did not dissolve your company as a carrier until after you returned to Texas. When you were stopped, you were transporting a vehicle belonging to your company (I.e., acting as a carrier).

This was my personal pickup truck. The truck was just involved in an accident under the flag of our company. I don’t know if this fact changes anything or not.

 

[RomTon]

And the better argument.

By the way, the insurance company paid the state money for the damaged road. and then I thought that maybe I would be allowed to win back this case too.

 

[quincy]

This was my personal pickup truck. The truck was just involved in an accident under the flag of our company. I don’t know if this fact changes anything or not.

I know. You mentioned that before and, no, it doesn’t really change anything. You made that argument to DOT already and it apparently wasn’t persuasive.

By the way, the insurance company paid the state money for the damaged road. and then I thought that maybe I would be allowed to win back this case too.

You can try. I am not optimistic about your chances of being successful.

 

[RomTon]

Here is a link to the case:
https://law.justia.com/cases/new-york/court-of-appeals/2023/45.html

Here in this case, the court found DOT's actions to be justified under the ELD rules. I don’t know what those guys were counting on, but they really did commercial transportation. In my case, the transportation was considered commercial only because the transport company was registered in my name.

 

[quincy]

Here in this case, the court found DOT's actions to be justified under the ELD rules. I don’t know what those guys were counting on, but they really did commercial transportation. In my case, the transportation was considered commercial only because the transport company was registered in my name.

Yes. You have said all of that before.

I don’t know what else to tell you, RomTon. We have offered you our opinions. Now you are left to do what you feel you need to do.