Accident situation

Discussion in 'Experienced Truckers' Advice' started by morlandoemtp, Dec 10, 2014.

  1. morlandoemtp

    morlandoemtp Light Load Member

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    Ok, here is what happened, could use some advice because I am a bit overwhelmed at the moment:

    Was driving company 30 ft box truck(federal), was making a right hand turn at an intersection in the outer lane(left lane of 2 right turning lanes), shortly after making my right hand turn about 40-50 feet later, a suv drove about 1 foot in my lane(I was favoring the left side of the lane, I was doing a route and often people love to cut across me to make a left up ahead for another busy road), the person hit the lug nuts on my vehicle and a scraped a little paint about 1/2" on the fender on to the left of the front passenger side tire. The other persons vehicle had some scratches above their driver side rear tire, after they drove into my lane they basically bounced off of me. Police was called and never showed up to fill out an accident report, my supervisor showed up and exchanged information, on the drive back to my job, I asked him did they admit fault, he said no they said you hit them, I said if I hit them there would be a lot more damage number one, and number two my tire marks would be on their vehicle, his response was your lug nuts stick out a bit(their paint was on my lug nuts of my tire). Anyway, I basically got suspended because they are saying I wasn't suppose to be in the outer lane before making my right,(I am in New York) can someone post the laws on this. I feel this is unfair because the turn had nothing to do with the accident, it was a 4 lane road I turned onto and someone drove one foot in my lane after my turn was completed for a few seconds. I was thinking about going to fill out a police report and taking the person to civil court for missed pay for a few days, what are your guys thoughts on this/laws on the books.
     
    Last edited: Dec 10, 2014
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  3. Vilhiem

    Vilhiem Road Train Member

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    While I can't speak for what goes for the law... In the larger rigs I try to make all my turns in the outside lanes. I've got tandems to watch for and a front end. That way my front end can go far enough into the lane I need to turn into and my tandems will follow without crossing the lines.

    If I tried that in the inner lanes, I'd run someone off the road on my right, or have a similar scenario on my left. (I drive with a 53 foot trailer on a sleeper cab, but I can't imagine yours and my rig are much different on control.)

    All that being said, if your tires were in their proper lane I'm pretty sure you aren't at fault regardless of laws. If you were fully loaded at the time, take into account your speed, your weight, and the vehicle that collided with you. If you were loaded down and in your correct lane then physics is on your side. (A 3000 lb suv would have to hit you very hard to move you at that angle.)

    Good luck and let us know the outcome and don't forget to watch your tandems! Yours may not move like mine do, but you still should watch em! ;)

    oh, and your boss may have suspended you pending an investigation...he's in a way protecting you and himself. If he did that though, check your local laws as he may owe you some back pay if you're cleared. (Employers can get into trouble for punishing a person who is innocent.)
     
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  4. dca

    dca Road Train Member

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    Witnesses ?
     
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  5. Vilhiem

    Vilhiem Road Train Member

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    Good point! Forgot about that. Also, look at the local businesses too. Sometimes they'll have cameras facing the road. You might ask for the footage of that day. In the future it wouldn't hurt to grab yourself a dashcam. It may not have helped in this situation, but it's still good to have.
     
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  6. FatDaddy

    FatDaddy Road Train Member

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    You should be in the inside lane on right hand turns to box anybody out from coming inside you. As far as the law, I'm not a lawyer so I don't know the specifics but you can definitely be hit for a preventable for taking the turn from the outside lane

    Do not confuse "preventable" with "at fault", however not sure how successful a lawsuit would be since an effective counter argument would be you took the turn from the wrong lane and shouldn't have been there
     
  7. pattyj

    pattyj Road Train Member

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    Typical day,always the trk drivers fault and the company takes the word of the other side.Op why didn't you stay there till your boss showed up?
     
  8. dca

    dca Road Train Member

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    What is the difference between a left or right hand from the outside lane .. the state ?
     
  9. morlandoemtp

    morlandoemtp Light Load Member

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    I did stay there about 1 hour police never showed up, at my job if you get into an accident you have to wait for a supervisor and another driver to take your truck back and in my mirror I saw 2 witnesses, that just drove around the accident and drove away and I didn't want to get out of the truck and risk my life. I did a walk around when the accident happened and after work for business cameras, I talked to police as there was a traffic camera at the intersection and got the run around we only look at those for serious crimes. I was thinking of putting up a sign on the corner and say if you saw what happened on such and such date at such and such time please contact me, but I don't know if my job will finds about it what they will say to me and I don't know if they will be too happy.
     
  10. Vilhiem

    Vilhiem Road Train Member

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    Yeah, sounds like your boss is doing a CYA.

    Oh, something has me confused... So I want to clarify.

    Did the SUV hit you WHILE you were turning or after? I went back and re-read your post, I think I misread it the first time.

    I also noticed you didn't say which lane you turned into. If you turned from the outer to the inner lane, yep it's your fault. If you stayed in the same respective lane then my question above for clarification still applies.
     
  11. morlandoemtp

    morlandoemtp Light Load Member

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    The accident didn't occur when turning it occurred a few seconds after the turn was complete my steering wheel was completely straight.
     
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