Question:
I signed on to a company that shall go unnamed (initials are K&B) and went through orientation where I was told to "log it as you drive it" My first day out I was sent about 3 hours north to pick up a load (drop n hook) and deliver it to Rochelle, IL where another load would be ready for me to take to Stevens Point, WI for delivery the next day at 0600. My day began at 0700 and by the time I had dropped and hooked it was after 11 and I prepared for the drive to IL. I arrived at the shipper around 1530, and by the time i was loaded it was 1830, having logged just enough to get to my destination and sleep before making my delivery the next day. Unbeknownst to me the receiver did not allow parking in their yard so I had to go 20 miles back down the road to a carstop, which by the time I got there it was after 2300. Being a team player, I backdated my log to allow me a legal 10 hour break before getting unloaded. Rising at 0500 the next day, I finally got a dock around 0715. I then spent the next 3 plus hours on the dock counting right along with the lumper and freezing my a$$ off. As I was instructed I logged this time in the sleeper even though I knew this was wrong. After disposing of the damaged goods and sweeping out the trailer, it was past 11 and I began the trek back to the yard in Rochelle, IL to pick up another load back to the same place in Stevens Point WI for delivery the next day at 0500. I arrived back in Rochelle at 1400 and my load was not ready. Being ever mindful of my log book and the legalities involved, I inquired as to the possibility of laying down and picking my load up at 2200, I was told no. Killing the next 4 hours in various ways and logging it off duty, I finally left Rochelle at 1830. Having begun logging that day at 0800, I had just enough time to get to the car stop in Plover WI and sleep before my delivery, knowing full well I would have to backdate my log once again to allow a legal 8 hour break. Rising the next day at 0330 exhausted from lack of sleep the previous 2 nights, I decided i was going to "log it as I drove it" and entered my pre-trip at 0415. Arriving at 0430, the next 2+ hours were spent the on the dock counting right along with the lumper and freezing my a$$ off. I logged the time on line 4, and after disposing of the damaged goods and sweeping out the trailer, headed back to Rochelle for my next pick-up which was a 5 stop drop in IN over the next 2 days. As I began driving, I started to do the math and realized I didn't have enough hours to do drive the 495 miles, take a 10 hour break and do the first drop at 0600 the next day. I phoned the boss as I was getting fuel about 45 minutes away and asked to speak with him. I got to Rochelle at 12:15 and finished with paperwork etc...around 12:30. I was then told to meet my boss at the car stop where I proceeded to. I made my concerns about fixing logs and lack of sleep and was told "that's the way it is in dedicated freight" I was told a number of scenarios that "justified" fixing logs and basically my concerns were ignored or brushed aside with a "that's the way it is" My boss then made arrangements for a load swap, which would necessitate my leaving the next morning by 0300. It was past 1600 by the time I swapped loads and I laid down in the bunk to sleep. After trying to no avail to sleep, I kept flopping around like a hooked fish, I called my boss around 1900 and left a message on his cell phone telling him I had been trying to sleep, couldn't and would not be moving until I had slept. My message was not returned and I again laid down to sleep. I couldn't I laid in the bunk all night and was messaged over the qualcomm at 0310 by dispatch inquiring if I was "rolling" I responded no that I had not slept (by then I had been awake for 24 hours) and did not feel safe driving, not only for myself but for the public sharing the road. I was then told to get in touch with my boss ASAP at 0700. At 0700, I called the office and was confronted with a very upset boss on the other end of the line. When I told him I had not slept for 28 hours, he replied "that's not my problem". I then told him i didn't feel safe driving in such a drowsy state and another driver was sent to get my load. Then after not having slept for 30+ hours, I was given ANOTHER load, not giving one thought to the fact that I had not slept and did not know when I would. I then, rather than have to go through this all again in the event I couldn't get any sleep, told dispatch that I was quitting. I was told to bring the car back to the yard, even though I hadn't slept they wanted me to get behind the wheel of a Class 8 vehicle and drive two miles back to the yard. I did and was met by the boss as i was unloading my vehicle. He showed up to get the big things locks, etc...that were company property, when he told me "maybe it's time for you to get out of caring" and I was basically told it was "unbelievable" that I had not slept in 30+ hours. After I called my wife and waited for her to drive the 2 hours to pick me up, I became so distraught that I called my wife and told her I was going to walk out on the highway and step in front of a car. Maybe it was the lack of sleep, I don't know, but I began walking to the freeway and stepped out on to the shoulder. In a more lucid moment, I decided I could not do that to a fellow innocent carer and crawled off the freeway and under the bridge. In the interim, my wife got to my car and discovered my absence and called the police. 2 hours later, I was found under the freeway bridge by the local law and taken back to the car and my wife. By this time i had gone sleepless for 34+ hours. It has now been 8 days since this happened and i have yet to be compensated for the 5 days I worked and the expenses i incurred, tolls, fuel to orientation, etc... I emailed the top 3 execs of K&B Transportation and none of them returned my note. I attempted to phone the 3 and was rebuked at every turn. Do I have legal recourse? I was lied to and forced to run illegal, can DOT do anything? If you prefer to keep your advice private PM me. Sorry for the length, but i was accused in an earlier post of lying, I wanted you, my jury, to have all of it, the good, the bad, and the ugly. Thanks

Answer:

Semper Fi ...
What is it exactly you seek legal recourse?
Do you have many anxiety issues? Do you have a history of depression? Have you had suicidal thoughts before?
You told the company you couldn't complete a run due to HOS constraints. They swapped dispatches giving you time to rest. YOU were unable to rest.
I think it's understandable the company was frustrated.
You quit. If you didn't return the equipment to the yard it would go as abandoning equipment.
My recomendation would be that you:
a) focus on mental health issues. Thank goodness you have a supportive wife
b) get another gig We enjoy near full employment. You ought to be able to come up with something.
I'm not an attorney but my experience would lead me to think that what damages you suffered would be minor and were largely brought about by your own actions/mental health issues.
The company probably has a decent counter claim for insubordination and damages that exceed yours. I'd move on.
I suspect they'll mail you a final settlement at some point but I wouldn't sweat it too much.
I think you'll be FAR better off on focussing on YOU and moving FORWARD with your life.

Answer:

SemperFi, dude I'm so glad you shared this, you saved me some money by leaving my current carrier, I'm happy overall but just need more miles. KB makes everything sound soooo good (don't they all?), you need to read that and post it over there as well, and send those execs an email letting them know you posted it!!
I'd check out Roehl if I were you. you WILL RUN LEGAL OVER THERE, I guarantee it.
Good luck.

Answer:

No. You do not have a strong case. No evidence. Before you start with another company follow the Boy Scout motto. " Be Prepared". Go to Radio Shack & purchase an Olympus Digital Recorder Model # VN-140PC. About 69.95. Has a very good M for pick up of voices in most settings. I use it mainly for notes when driving down the road. If you wish to record, use it with in 8 feet of the person you are recording. My supervisors know for a fact I have a Digital Recorder on me at all times. They never know when I might use it. In my state of Indiana where I work, it is legal to record in person & over the phone a conversation with out telling the party or parties involved that you are recording the conversation. Other State Laws might be different. Check it out. I can think of 2 times in 15 years of recording a conversation, where it saved me grief or money. The benefits I have enjoyed having to spend $70 for such a device have long surpassed the pain of having to purchase it. Good Luck.

Answer:

R i G h T ... according to the man's story: ONCE he complained he was out of hours the company arranged a swap. He completed the swap by 1600 ... he had to get moving by 0300 ELEVEN hours later.
The driver was UNABLE to rest during this time. Why is this the company's fault?
Most people, when fatigued, have no trouble sleeping. Semper Fi was unable to sleep.
Fourteen hours later he threatens suicide and begins to takes steps to carry it out. The police have to go out and find him under the overpass.
I don't think a tape recorder would have helped. Medication might help. Semper Fi I hope you're doing well and taking the steps to get your life back on track

Answer:

In defense of SemperFi here, I have to say this.
I'm "almost" an expert at fatigue issues, really...I have a great deal of experience in this area.
Being awake for 34 hours or more your brain starts to turn into a vegetable. It can get to the point were your not responsible for your way of thinking. This is why they use sleep depravation in torture interrogations.
SemperFi was under too much stress, that is why he could not sleep. Stress affects the brain in many ways, including insomnia. That is what SemperFi had, was insomnia brought on by stress and it gets worse and worse as the stress continues. Then depression starts to set in.
Lack of many hours of sleep, combined with stress, followed by insomnia which compounded the sleep depravation even further with no sleep at all. A person can begin to hallucinate and lose control of reality.
SemperFi was in a sleep deprived state from the prior days as well. Add all this together, sleep depravation is accumulative, and SemperFi didn't know if he was coming or going....loss of control of reality.
This is why they use sleep depravation in torture interrogations.
Luckily, SemperFi only drove two miles back to the yard. He was in no condition to walk, much less drive. In his state of mental fatigue and loss of reality, the outcome could have been much different had he drove that car any great distance.
A valuable lessen in severe sleep depravation and fatigue and it's consequences on the brain.

Answer:

I don't think Semper Fi needs to be defended. I think ALL suicide threats, attempts, and para suicides should be taken seriously and at face value.
It sounds like Semper Fi is a good guy and has a loving supportive wife. I hope Semper Fi is getting the help he needs to get his life in order.
I do NOT think Semper Fi needs a good attorney or to expend energy on exacting some settlement from a caring company.
I think Semper Fi would benefit most from a good network of friends and a good doctor...and focussing on moving forward with his life...

Answer:

Zebra,
You are exactly right about my wife, she's the best. The thing that had me wondering about liabiltiy, is that nothing like this had ever happened to me in my 2 years OTR. Thoughts of suicide and the like are for weak-minded individuals, or so I thought. It has now happened to me, and believe me, I had no control. I have been in counseling for 2 weeks now and my therapist cannot believe that I did that. Thanks for the good advice and God Bless.

Answer:

SemperFi,.... that is why I mentioned, long term lack of sleep will screw up your brain. That's not a joke.....
""Thoughts of suicide and the like are for weak-minded individuals, or so I thought. It has now happened to me, and believe me, I had no control""...
If you do not sleep for very long periods of time, of course your brain is going to get "Weak"
I guess you did not understand this part too clearly...
This is why they use sleep depravation in torture interrogations.

Answer:

Semper Fi: Be good to yourself. Work with counsellor, take care of your wife. The rest will follow. I'm glad things are turning around for you. Stay positive.
Thank you for the kind words

Answer:

God people read the story he put out. 1 he arrived at the forst place at 1530 and was told he cuoldn't stay there and it was 20 miles back to the carstop and he arrived there at 2300. it took him 4.5 hours to go 20 miles.
2 he was only two miles from the yard and didn't think he could drive that far, wouldn't the company have had him come to the yard to swap the loads. I only put down a couple of things, but the whole story has to many wholes in it to believe.
Come on get real Semper-fi. By the way go to the labor board for you wages. You'll get paid.

Answer:

Bum,
I re-read my post and at first glance it would appear I took my time. However, 1530 is when I arrived for my PICKUP. By the time i was loaded it was 1830. By the time I got to the receiver it was after 2200 (15 plus hrs worked that day). My bad.

Answer:

I read it one way, even if you meant it different, sorry