Looking for advice (insurance fault)

Discussion in 'Questions To Truckers From The General Public' started by cheesie, Sep 10, 2009.

  1. cheesie

    cheesie Blind Spot

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    Sep 10, 2009
    london on
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    I WAS IN A COLLISION WITH A TRANSPORT TRUCK. WHILE HE WAS SITTING IN AN ''UNDESIGNATED'' LANE I ADVANCED IN MINE (IT WAS FREE AND CLEAR). AS I SAW NO RIGHT SIGNAL, I PRESUMED HE WAS TURNING LEFT. AFTER WAITING THERE FOR UP TO TEN SECONDS, HE BEGAN TO TURN RIGHT AND THE BACK OF HIS TRAILER CAME INTO MY LANE, CRUSHING THE SIDE OF MY CAR, DRAGGING ME FORWARD AND TO THE RIGHT SEVERAL FEET AND INJURING ME. NOTE: I WAS STOPPED, ADJACENT TO THE TRUCK BEFORE HE BEGAN HIS TURN! I DID NOT RACE UP TO BEAT THE TRUCK, NOR WAS HIS TRUCK ANGLED TO INDICATE A RIGHT TURN. HE WAS ALSO EXITING FROM THE "INCOMING " LANE AND MY EXIT LANE WAS FREE AND CLEAR.

    I HAD A 28 YEAR PERFECT DRIVING RECORD, AM A CONSIDERATE AND CONSCIENTIOUS DRIVER AND HAVE A GREAT DEAL OF RESPECT FOR ALL YOU SAFE TRUCK DRIVERS. BUT I DID NOT GO TO TRUCK DRIVING SCHOOL. NOR DID THEY TEACH US TO "THINK" LIKE ONE WHEN I LEARNED TO DRIVE A CAR! ( IT MAY HAVE HELPED, BUT THIS TRUCK DID NOT HAVE A SIGN AT THE REAR SAYING "THIS TRUCK MAKES WIDE RIGHT TURNS" ) I SIMPLY ADVANCED IN MY DESIGNATED LANE AND WAITED FOR A CLEAR VIEW TO MAKE MY TURN.

    MY ISSUE NOW IS THAT DURING THE DISCOVERY THE DRIVER ACTUALLY ADMITTED THAT HE NEVER ONCE LOOKED INTO HIS MIRROR, ONLY COMMENTED THAT HE NEVER THOUGHT ANYONE WOULD BE SO SILLY TO COME UP ON HIS RIGHT. HAD I ANY INDICATION THAT HE WAS TURNING RIGHT, I NEVER WOULD HAVE ADVANCED IN MY LANE!

    QUESTION; HOW MUCH RESPONSIBILITY IS THE TRUCK DRIVERS TO A) CHECK THEIR MIRROR BEFORE THEY BEGIN THEIR TURN AND B) NOT DRIVE OVER TOP OF STATIONARY VEHICLES.

    MOST IMPORTANTLY......HOW DOES THE INSURANCE COMPANIES ASSESS FAULT IN A SITUATION LIKE THIS?

    I HAVE FRIENDS IN THE TRUCKING BUSINESS WHO TELL ME THAT THEY ALONE ARE RESPONSIBLE FOR CARE AND CONTROL OF THEIR VEHICLE AND WOULD HAVE BEEN HELD 100 % RESPONSIBLE FOR THIS ACCIDENT. AGAIN: LET ME STRESS THAT I WAS SITTING IN MY EXIT LANE FOR UP TO 10 SECONDS "BEFORE" THE TRUCK "STARTED" TO MAKE HIS TURN. CAN I ASSUME CORRECTLY THAT DUE TO THE SPEED IN WHICH A TRANSPORT TURNS THAT THERE WOULD HAVE BEEN TIME FOR HIM TO LOOK IN HIS MIRROR? "HAD" HE LOOKED, WOULD HE HAVE SEEN ME AT SOME POINT IN HIS TURN?

    SINCE (MY OWN) INSURANCE COMPANY MAINTAINS THAT I AM 100% RESPONSIBLE FOR THIS ACCIDENT, IS IT SAFE TO ONCE AGAIN "ASSUME" THAT NO TRUCK DRIVER HAS "EVER" BEEN HELD RESPONSIBLE FOR DRIVING OVER A STATIONARY VEHICLE IN THEIR RIGHTFUL LANE? I DO NOT BELIEVE THIS IS SO.

    SINCE THE "FAULT DETERMINATION RULES" HAVE NOT CHANGED SINCE THEIR INCEPTION DATE OF DECEMBER, 1990, IF YOU DO KNOW OF A DRIVER WHO WAS FORCED TO ACCEPT FAULT IN A SIMILAR ACCIDENT, THEY MAY HAVE A LAW SUIT AGAINST THEIR INSURANCE PROVIDER AND MAY POSSIBLY RECLAIM THEIR INCREASED PERSONAL OR "FLEET" PREMIUMS. YOU, OR THE COMPANY YOU WORK FOR, SHOULD TAKE NOTE OF MY CASE.

    I NOW HAVE THE MINISTRY OF TRANSPORTATION INVOLVED AND AM AWAITING THE OUTCOME OF THEIR INVESTIGATION INTO THIS MATTER. IF I "MUST" ACCEPT 100% FAULT FOR THIS ACCIDENT, I SUGGEST YOU PASS THIS INFORMATION ALONG TO THOSE WHO YOU KNOW IT MAY HAVE AFFECTED.

    I WOULD APPRECIATE ANY COMMENTS YOU HAVE.


    I apologize for the all caps, I just copied this from an email I've sent a few friends. Any help you can give me would be a big bonus.

    Thanks!
     
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  3. Roadmedic

    Roadmedic Road Train Member

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    I have had people like you try to pull up when they thought I was not making the turn or would not make a turn. If you missed the blinkers, sorry.


    But you are at fault.

    It is hard to see in the blind area there.
     
  4. L.B.

    L.B. Third Generation Truck Driver

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    So just because the truck didn't have the signs all over it saying it makes wide turns you thought the laws of physics didn't apply to this truck? I really don't get people like you! You are the reason they have to put CAUTION HOT COFFEE on the side of coffee cups!
     
  5. Roadmedic

    Roadmedic Road Train Member

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    I don't get it. The insurance company has agreed to fault. There probably was a ticket.

    I guess if the truck had not been there, the wreck would not have happened.

    I guess if the sign was there, the driver would have known.

    Where and how do these people get licenses?
     
  6. L.B.

    L.B. Third Generation Truck Driver

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    Jul 23, 2007
    Middle GA
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    Yeah, if the car wasn't there this wouldn't have happened either!

    Couldn't have just waited behind the trailer to see which way the truck was going?

    I put my trailer tandems on the hood of a sports car in Detroit in 1990 because someone tried to sneak around me while making a right turn. Luckily a cop witnessed the entire thing. :biggrin_25523:
     
  7. Roadmedic

    Roadmedic Road Train Member

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    I had one in San Francisco, that I saw his stupid move and kept moving in my turn. When I had him so he could not get through, I set the brakes. I got out and asked him to back up. This idiot said I needed to backup. We waited for the CHP. The CHP asked him how dumb he was to have missed 6 turn signals. He said I did not use them and when the witnesses told different, he admitted to not seeing them.

    End result, he had to backup and got a fine.
     
  8. Peanut Butter

    Peanut Butter Road Train Member

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    Nov 24, 2007
    PO Dunk Idaho
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    Cheesie, there are blind spots on the side of a truck that you can not see in a mirror, there are billboards big ones, that are all over the place letting 4 wheelers know of this, maybe you need to go back to drivers training to learn this, sounds like you were in that blind spot, beware there are no signs needed on trailers for this or for wide turns. Do you seriously think a semi truck with a 53 foot trailer can go around a corner without making a wide turn? Maybe next time you will pay more attention and not be in the blind spot.
     
  9. Kabar

    Kabar Road Train Member

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    Ok, my fellow truck drivers are going to kick and scream about this. But if they stop and think before they do they will know I am right. A professional drivers is ALWAYS responsible to make sure there is NOTHING on his right side (or left for that matter) BEFORE he starts the turn. He is to insure he is in the correct lane WITH his turn signal on. He checks the mirrors on BOTH sides of his truck to see where any danger may be and continues to check them to see where his trailer is going. 99.9% of trucks have 3 mirrors on the right side which should give him a clear picture of the right side.

    From what you have written, The truck driver was in the wrong lane to make a right turn. Did not have his turn signal on and did not look in the mirror. If these statements are true then he is so wrong it's not funny. HE should go back to driving school.
     
    cheesie Thanks this.
  10. Roadmedic

    Roadmedic Road Train Member

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    I believe for the car owner's insurance to come forward with the liability charge to the car, leads me to believe that the lane they were in was not a proper lane, but a lane that people try to make to bypass traffic.
     
  11. madbunny

    madbunny Medium Load Member

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    I think this is a mute point since his insurance company has decide he was in the wrong.

    Also how many times have cars come up and been in your blind spot drivers? I think it's interesting he knows it was exactly 10 seconds....uh how does he know that?

    Our truck doesn't have the blinker in the middle of the trailer or the sign on the back that says wide turn but I've pinned more than one car against a pole or smashed it and had the same response I didn't know you were turning right....uh gee I have blinkers on the tractor and on the trailer. :biggrin_2556: Me thinks he was caught where he didn't belong and when in doubt accuse the truckdriver.
     
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