Who's at fault?
Discussion in 'Experienced Truckers' Advice' started by rbrtwbstr, Nov 1, 2021.
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GreenPete359, Another Canadian driver and D.Tibbitt Thank this.
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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.Another Canadian driver, Magoo1968, Rideandrepair and 1 other person Thank this. -
Another Canadian driver, buzzarddriver and Rideandrepair Thank this.
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Yes the OP should be going slow enough for the road conditions to stop for a stationary object. That's just good sense.Another Canadian driver and RockinChair Thank this. -
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.
Another Canadian driver and Wargames Thank this. -
Another Canadian driver, D.Tibbitt and Magoo1968 Thank this.
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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 ?Another Canadian driver, Magoo1968, buzzarddriver and 1 other person Thank this. -
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. LOLAnother Canadian driver and flightwatch Thank this. -
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.Another Canadian driver and Magoo1968 Thank this. -
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