Who's at fault?

Discussion in 'Experienced Truckers' Advice' started by rbrtwbstr, Nov 1, 2021.

  1. Badmon

    Badmon Heavy Load Member

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    Seems like most these guys never drove dump truck ever. They ain't got a clue
     
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  3. loudtom

    loudtom Road Train Member

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    If Driver B is pulling out of a truck stop with a blind exit and nobody visible, and Driver A comes around and hits them after they've pulled into the road, are the people who blamed Driver B in the original scenario still going to blame them in this instance? They would never be able to safely and legally leave the truck stop if that's the case.

    You can disagree on if Driver B has a valid reason for being in the road or not, but only Driver A can take the proper steps to ultimately prevent the accident. Driver B could have been the garbage collector who was stopped to pick up trash at that driveway. How can Driver B yield to someone that doesn't even exist yet?

    I think it's fair that nobody was given a ticket. I would only blame Driver B if you could show that they moved into Driver A's path with an expectation of being aware of them. With the roads being wet and less traction due to being bobtail, it's also easier to place Driver A at fault.
     
  4. Wargames

    Wargames Captain Crusty

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    you have been driving for a long time, i can tell, spot guys like you right away, your awesome.
     
  5. Wasted Thyme

    Wasted Thyme Road Train Member

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    Saying it's a unicorn doesn't matter. None of your examples are what happened. Sure there might be cases where driver A was at fault. But the law is traffic entering the road must yield the right of way. That's why driver B is at fault.

    Yes the OP should be going slow enough for the road conditions to stop for a stationary object. That's just good sense.
     
  6. buzzarddriver

    buzzarddriver Road Train Member

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    Or, the LEO didn't want to assign blame and decided to let the two insurance companies fight it out. In court, the LEO would probably be called as a witness, but the jury would decide who was at fault.
     
  7. loudtom

    loudtom Road Train Member

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    How can you yield for something that isn't there? What you're saying suggests that Driver B should just sit there in that driveway forever, because someone always might be coming around that corner.
     
  8. roundhouse

    roundhouse Road Train Member

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    So if this were a stopped school bus , picking up kids ,
    Who would be at fault ?

    does it change the answer because it’s a dump truck instead of a school bus ?
     
  9. Wasted Thyme

    Wasted Thyme Road Train Member

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    No. What changes the answer is placing the vehicle in the same lane of travel.

    If A and B are both going down the same road. B stops. B stops. Such as school bus or garbage truck. A is at fault.

    But B was pulling out. So B is at fault. Due to the traffic laws. Traffic pulling out has to yield.

    It's not rocket surgery guys. LOL
     
  10. loudtom

    loudtom Road Train Member

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    I'm guessing this happened in Pennsylvania.

    Negotiating Intersections

    "Even when one driver is legally required to yield right-of-way, if they fail to do so, other drivers are still required to stop or yield as necessary to avoid a crash."
    "A vehicle entering a public highway from an alley, private road, or driveway must wait until the main road is clear."

    Section 3361 - Title 75 - VEHICLES.

    "No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing, nor at a speed greater than will permit the driver to bring his vehicle to a stop within the assured clear distance ahead. Consistent with the foregoing, every person shall drive at a safe and appropriate speed when approaching and crossing an intersection or railroad grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway and when special hazards exist with respect to pedestrians or other traffic or by reason of weather or highway conditions."

    You're never going to make the medical board at NASA if you don't do your homework.
     
  11. flightwatch

    flightwatch Road Train Member

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    Yes.
     
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