Who's at Fault...?

Discussion in 'Experienced Truckers' Advice' started by Honch, Oct 22, 2014.

  1. Honch

    Honch Light Load Member

    209
    161
    Mar 30, 2012
    Ohio
    0
    Something that's been simmering in the back of my mind about ever since I began P&D driving...

    A Hypothetical Situation:

    Arrive at a customer's tiny facility that requires backing into from the street. Being a 2-lane road with heavy traffic, I typically put the 4-Ways on about 50 yards away from their drive to let the folks behind me know I'm about to do something... slow to a creep near my position, wait for a wide clearing from the opposing lane and make my move.

    However, around the oncoming lane's blind curve comes a guy checking Twitter and T-bones my trailer while backing, probably shearing everything from the base of his windshield up... including him...

    Who's at fault here?
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Pool6710

    Pool6710 Medium Load Member

    662
    257
    Aug 10, 2014
    Minnesnowta
    0
    Last claim I had the first question was were you or the other operator believe to be on a mobile device?

    i assume if they were distracted driving the 4 wheeler is at fault

    did the police say who was at fault? Was his car towed?
     
  4. jsprocket

    jsprocket Heavy Load Member

    830
    262
    Nov 4, 2013
    Columbus, GA
    0
    Would be you if you didn't have proper traffic control and warning devices since you were impeding traffic.
     
    JReding and chalupa Thank this.
  5. MACK E-6

    MACK E-6 Moderator Staff Member

    45,836
    200,275
    Sep 19, 2005
    Baltimore, MD
    0
    If that state has a contributory negligence law, then he wouldn't be at fault entirely if the other driver was violating that state's law on handheld electronic devices.
     
    Ukumfe and Honch Thank this.
  6. Honch

    Honch Light Load Member

    209
    161
    Mar 30, 2012
    Ohio
    0
    To further the hypothetical, let's say the cellphone was destroyed in the crash and there's no way to prove he was using it?

    Also, not strictly pinning cellphone use... maybe they were reaching down for something they dropped, etc...
     
  7. chalupa

    chalupa Road Train Member

    3,757
    1,640
    Jul 22, 2010
    Houston,Texas
    0
    I would say you for backing in the traffic lane.....same answer for swinging across center line to make right turn. It's a rotten deal I know but seen both examples go bad for the driver.

    Hard to prove distracted driver.......safe bet he's not going to admit it.

    JMO
     
    Honch and Tonythetruckerdude Thank this.
  8. chalupa

    chalupa Road Train Member

    3,757
    1,640
    Jul 22, 2010
    Houston,Texas
    0
    Law can easily check phone records....always do in major accident. Don't matter if phone destroyed.
     
  9. Honch

    Honch Light Load Member

    209
    161
    Mar 30, 2012
    Ohio
    0
    True for calls or a completed text, but I'm not sure there is an ability to check browsing an app, such as Facebook, Twitter, reading a text, etc...
     
  10. Big Don

    Big Don "Old Fart"

    17,996
    35,640
    Sep 8, 2007
    Utah's DIXIE!
    0
    I believe the truck driver is going to get at least SOME of the blame. Particularly when the whole mess goes into a civil lawsuit, which it will. They will go after the "deep pockets" which means the trucker's insurance company.

    I'm certainly not saying it is "right," or "fair". Just the way it is. This is just one of the many aspects of being a truck driver that kind of suck. And when you are a P & D driver, you may have a whole bunch of these, every day.
     
    Tonythetruckerdude and Honch Thank this.
  11. SHO-TYME

    SHO-TYME Road Train Member

    3,425
    3,177
    Apr 20, 2011
    Dahlonega, GA
    0
    If your lawyer is smart enough to know which way is Up, he'll know to subpoena the phone records.
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.