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October 31st, 2024 was like any other day until the unthinkable happened, and a very avoidable work accident changed the course of our lives. 3 weeks earlier a message displayed across my dashboard
reading BREAK MALFUNCTION! A very high pitched sound squealed from the dashboard, in a situation like this it is protocol to report any vehicle malfunction to the supervisor on call. This occurred on October 12th, 2024, at 9am, I reached out to dispatch and requested a tow to resolve the issue. The acting supervisor demanded I continue on to my scheduled service, because this job was on the books for too long and needed resolution immediately. “If you don’t get this taken care of you may want to start making a new resume” explained my acting supervisor.
His rationalization was, if the breaks were currently functioning then this was merely a warning to change the breaks in the near future. After a long back and forth exchange the supervisor insisted that if anything were to happen, I would be compensated, and no blame would fall on me. Against my better judgement I continued on, once I arrived near my destination turning onto the customers road. I came upon children playing in the street and as I attempted to apply breaks, the pedal would not compress and my only option was to pull the emergency break, causing the vehicle to collide with a parked car.
A police report was filed, and the vehicle was taken to Fleet service for maintenance, during this time I took a weeks' vacation while this all took place. After returning from vacation, I retrieved My company vehicle from Fleet services. When I originally Left the vehicle behind, I explained in great detail the events that had taken place and requested a full diagnosis of the underlining issue that caused the malfunction to occur in the first place. I returned to work on Oct. 21st, 2024, to retrieve my company vehicle, when I arrived to fleet the receptionist nor the shop supervisor had any details about the causation of the malfunction, they explained that the brake system had been replaced, and other necessary maintenance had been completed. Afterwards the vehicle seemed to be operating as intended. 10 days later on Oct. 31st, 2024, I drove to York PA for another job that had been pushed back for months due to scheduling conflicts, the customer was on the verge of filing a lawsuit, because she was getting an abundance of water in her basement. Due to these circumstances this it was a very important situation which needed to resolve. The trip up was uneventful, normal as any other, 5 miles out from the job site BUZZING rang out BREAK MALFUNCTION glowing in orange on digital display dashboard. I immediately pull off to the side of the road and called my supervisor and explain the situation. THREATS of job loss ensue, “All you need to do is make it to the job site, just take it easy” he explained. “We got your back, if anything happens your covered”. “Everything’s documented if something happens, I will take all the responsibility”, he explained. I felt like I had no other option, I needed this job and was willing to do whatever necessary to remain in my position. I turned on the vehicle and the message were no longer displayed, and the breaks seemed to be working fine, so I pulled back onto the road and continued. Less than a mile later while approaching an intersection at 35mph I attempted to apply breaks and the pedal was frozen, in a split-second CRASH! The top of my head made contact with the wind shield, and I was KO’d, minutes later I remember being awaken by a witness, asking if I was okay. My head ringing, the events that followed are still a blur, The following day I Filed an accident report and was told not to worry, that everything would be taken care of. Nov 3rd 2024 I received a call from my supervisor, I explained to him that I was experiencing pain in my neck, upper back, numbness in my right hand and getting migraines, He explained the reason for the call was inform me that I was being let go, FIRED he explained the auto insurance company has refused to cover me any longer because I was involved in two accidents within a 1 month period. I’ve heard the expression said, “it made my heart stop” this feeling of losing everything in a split second is truly gut wrenching. A flood of emotions consumed me, “What about the malfunction” I explained, you told me that if anything happened, I was covered. “Just check the vehicle, there has to be some way to prove that this was an unavoidable accident”, I explained. My supervisor claimed that because the vehicle was totaled and it would remain at the tow yard and there was
no way to corroborate my account. What about the messages, the emails, the conversations and the fact you claimed that NO MATTER WHAT I was covered because even after I refused to drive, THREATS were made to force me to behind the wheel. Pause... “Well look Thomas I am really sorry but this isn’t my decision”, he explained. I was told to reach out to HR to follow up for a workman’s comp claim. I did as I was told and reached out on Nov. 5th, 2024, to file an insurance claim to receive medical treatment. HR informed me that they were filing the claim, and I should receive something in the mail from the insurance company in 10 to 14 days.
2 weeks later I reached out again because nothing had arrived, HR explained that everything was filed and it was in only a matter of time, I should expect something in the mail very soon. All the while I was in pain and not getting treatment. I continued to reach out to the HR department every 5 days to just get the same reply each and every time. I eventually contacted a doctor that I’ve treated with in the past on Dec. 9th, 2024, and requested to be treated, I explained my situation and he agreed to help. all the while I searched for an attorney to handle my case, but to my dismay no one would agree to take it on. The issue was, because I worked out of Delaware, got paid from Maryland and the accident took place in Pennsylvania. Delaware lawyers assumed it belonged to MD and MD lawyers believed I needed to be represented in PA because that’s where the accident took place. All the while if I just had a workman’s comp form this big waste of time could have all been avoided. Sometime in late January I finally receive a medical document from workman’s comp for a Delaware claim. That day I acquired legal counsel and filed a petition for lost wages; these petitions can take a minimum of 3 months to go in front of a judge. Remember all the while I have not been able to earn an income since the first week of November, so I survived solely on savings
and I wrongfully assumed that this wouldn’t take more than 3- or 4-months total. My savings ran dry in the end of February, and I wasn’t able to pay rent for March and April. My landlord worked out a deal if as long as I pay going forward, I can remain and cover my back rent once I receive my back pay from workman’s comp. At this point my best option was to start a GoFundMe to try and maintain my bills going forward. May rent was covered through Kind donations from my friends in my Facebook community, but I don’t feel like I have enough presents on social media to share my story with folks that have the means to assist in this troubling time. So, I’ve decided to make this letter to better tell my story in hopes that people within my community with the means may have the chance to help wherever possible.
Donations can be made via https://gofund.me/5b317526 or also on cashapp $accidentfund any and all donations are applied directly to rent, utilities and fuel cost for trips to doctor and lawyer visits. any funds left over after the resolution of this case will be promptly donated to others less fortunate. Thank you for taking the time to read this document, listening to my story and being willing to take a chance a chance on me..
Organizer
Thomas McIlvain
Organizer
New Castle, DE