Work related truck accident

[mohantandale]

Jurisdiction

Texas

I drive a delivery truck for a Texas based company. Last Friday, January 15th 2016, I was driving in the parking lot of a store that I needed to deliver to and ran over a pothole which caused my tire to bust. Things were flying around my truck, in my face and on my windshield. I tried to hit the breaks but was unable to which resulted in my vehicle running into the store and damaging the store wall, some shelving and causing some injuries inside the store. The police and ambulance came. As one police officer arrived, she drove the same route as I did and also ran over the same pothole. I did not receive any citation from the police officer. I was taken to the doctors to see if I had any injuries and also took a breath and urine test.

The following Monday I went to work and as told to go back home until the investigation was complete. I emailed my HR to ask them what my current status was (i.e. suspension), she did not respond but called me Thursday, January 21st, and told me she could not make a decision about my returning to work as the investigation is still in process and that I am unable to get paid for this.

Yesterday, I received a police record which states "unit #1 performance faulty evasive action & failed to control speed." I do not understand what this means but from the sounds of it, I am being held responsible to some degree.

What is my legal rights? How can I challenge the police investigation and report? Is it worth doing so?

Thank you

 

[army judge]

I drive a delivery truck for a Texas based company. Last Friday, January 15th 2016, I was driving in the parking lot of a store that I needed to deliver to and ran over a pothole which caused my tire to bust. Things were flying around my truck, in my face and on my windshield. I tried to hit the breaks but was unable to which resulted in my vehicle running into the store and damaging the store wall, some shelving and causing some injuries inside the store. The police and ambulance came. As one police officer arrived, she drove the same route as I did and also ran over the same pothole. I did not receive any citation from the police officer. I was taken to the doctors to see if I had any injuries and also took a breath and urine test.

The following Monday I went to work and as told to go back home until the investigation was complete. I emailed my HR to ask them what my current status was (i.e. suspension), she did not respond but called me Thursday, January 21st, and told me she could not make a decision about my returning to work as the investigation is still in process and that I am unable to get paid for this.

Yesterday, I received a police record which states "unit #1 performance faulty evasive action & failed to control speed." I do not understand what this means but from the sounds of it, I am being held responsible to some degree.

What is my legal rights? How can I challenge the police investigation and report? Is it worth doing so?

Thank you

Until the investigation has been completed, nothing you can do but hire yourself a good lawyer.

I suggest you start searching for your mouthpiece today.

You should also not discuss any aspect of this incident.

If you are asked a question, simply say, "Acting under the instructions of my attorney, I am not at liberty to discuss the incident in question."


Don't call it an accident, as that implies negligence.
When referring to it, use the event, the tragic occurrence, the sad incident, or odd episode.

 

[ElleMD]

What legal rights do you think you have? You failed to remain in control of your vehicle and caused considerable damage to property. You may or may not have been violating other laws such as speeding. If ticketed or charged, you can defend the accusation in court. The process for doing so should be outlined on the ticket or can be obtained by contacting the court house for the jurisdiction. If charged with a criminal or serious civil offense, I would consult a lawyer.