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Got into a not at fault wreck. Now what?

Discussion in 'Experienced Truckers' Advice' started by Arctic_fox, May 21, 2021.

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  1. May 21, 2021 #1
    Arctic_fox

    Arctic_fox Experienced mx13 execrator

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    So i was running north on 117 heading to virgina and a guy pulled out infront of me and i managed to cream his little honda pretty good. I knew he was going to do it too and slowed as soon as i realized he was going to pull out. so there were no major injurys but my truck is likely totaled. Frame is pretty badly twerked and it knocked my engine off the mounts. Also may have a damaged steer axle as it started leaking oil after being towed and looks....bent.....

    I was ruled not at fault and the dash cam supports that. Other guy got several tickets including one for texting from what i overheard a firefighter say. Wont know for sure on my rig until the insurance brokers and the shop get done bickering over the repairs. I called my lawyer and put her on alert incase they try to sue me (likely because the guy was yelling at the officer) called my insurance and made arrangments with my company to repower my trailer which was both empty and thankfully undamaged.

    My question is now what? how does this process work? how do i ensure i get paid for lost wages and how do i caculate it? what happens if my truck is totaled? What can i include if it is I.E the brand new steer tires or multiple recent repairs? Should i actively do anything beyond keeping ontop of the insurance and dealer?

    Ive never delt with a major wreck like this before so im at a total loss as to what needs doing going forward beyond what i have already done. And i want to ensure i dont get bent over. I would post the dash cam vid but i dont want to do so until insurance settles so i dont mess anything up just incase. So here are some images to give you an idea.
     

    Attached Files:

    Arctic_fox, May 21, 2021
    Arctic_fox, May 21, 2021
    #1
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  3. May 21, 2021 #2
    Linte_Loco

    Linte_Loco Road Train Member

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    Ouch

    Keep all records for future. This goes on your PSP report as an accident. Does not show fault. Not fair imo. But it’s the way it is
     
    Linte_Loco, May 21, 2021
    Linte_Loco, May 21, 2021
    #2
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  4. May 21, 2021 #3
    Zack P

    Zack P Light Load Member

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    That's one thing of the few things that really sucks about truck driving. If an incident or accident happens, its always perceived or construed that it was the truck driver's fault. Even if some jack-wagon causes it and takes complete and total responsibility for the incident/accident, it's the truck driver's fault. It's one commonality that the trucking career has with women. Even if it's her fault something happened, it's still your fault it happened.

    That's why if I ever became President (Highly Unlikely, especially since I don't even want the job); I would make it a law that if a truck driver's livelihood is affected due to some asinine nincompoop too busy with their phone to drive safely, that driver has a legal right to drop a deuce right on the idiot's vehicle (phone as an alternate target if vehicle is totaled) for making the driver's career go into the toilet. Just gotta come up with a catchy name or acronym for the law.
     
    Zack P, May 21, 2021
    Zack P, May 21, 2021
    #3
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  5. May 21, 2021 #4
    Linte_Loco

    Linte_Loco Road Train Member

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    It happened to me 10 years ago at TMC. I was t-boned rolling through a green light. In south Texas. Hit my rgn right behind drives. Minor damage. I was good to keep rolling so didn’t have to deal with your specific issues. Even a state trooper rolled by and talked to cop for about 1 minute and left. Never even talked to me. The lady got a ticket for running a red light and had no license according to cop. So he got my info and told me I was good to go.

    I remember safety asking me about details. Car/names/etc. I told him no clue. We’re good dude. I gotta go He was hot lol. It worked out fine. I got police report for me.
     
    Linte_Loco, May 21, 2021
    Linte_Loco, May 21, 2021
    #4
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  7. May 21, 2021 #5
    TripleSix

    TripleSix God of Roads

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    The thing that may sink you is the down time. You need the previous 6 weeks income to get an average weekly down time pay. Do not depend on your insurance to get your pay. They should pay it out of their pocket to insure that you can recover. They may try to avoid digging in their pockets, BUT this is why we pay insurance, right? Talk with your lawyer about it ASAP.
     
    TripleSix, May 21, 2021
    TripleSix, May 21, 2021
    #5
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  8. May 21, 2021 #6
    Dockbumper

    Dockbumper Road Train Member

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    Dockbumper, May 21, 2021
    Dockbumper, May 21, 2021
    #6
  9. May 21, 2021 #7
    Magoo1968

    Magoo1968 Road Train Member

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    Dashcams rock unless you’re speeding then it’s a 50/50 thing if guy has a good lawyer.
     
    Magoo1968, May 21, 2021
    Magoo1968, May 21, 2021
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  10. May 21, 2021 #8
    Arctic_fox

    Arctic_fox Experienced mx13 execrator

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    Heh one of the witnesses tried to claim i was speeding. Thank god my cam shows speed and that i was doing 54 in a 55 when it happened. I just watched the vid and well....jesus....just jesus
     
    Arctic_fox, May 21, 2021
    Arctic_fox, May 21, 2021
    #8
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  11. May 21, 2021 #9
    Arctic_fox

    Arctic_fox Experienced mx13 execrator

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    Already did. And bones is giving them the company wide truck averages as well. At this point its a waiting game to see what happens to my rig. Luckily i got a few fat paydays coming in and bones is letting me repower my trailer with their trucks and paying me the standard trailer rental rate (8%) in addition to normal 24% driver pay. Should be enough to JUST squeek by for a month or 2.
     
    Arctic_fox, May 21, 2021
    Arctic_fox, May 21, 2021
    #9
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  12. May 21, 2021 #10
    slow.rider

    slow.rider Road Train Member

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    The...

    Stop
    Hitting
    Innocent
    Truckers

    act

    :rolleyes:
     
    slow.rider, May 21, 2021
    slow.rider, May 21, 2021
    #10
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