1yr Old "Miracle Baby" dies in Crash

Both were at fault? I fail to see that, of course I have a strong bias in this case. But when both turning vehicles are stopped, and then the van proceeds to turn left at about the same time the stopped semi begins its left turn, the semi that struck her was not in her view. How many times when executing a left turn, in the same scenario, are there other cars and trucks coming upon the stopped one you're facing? When there are more than one lane of traffic, you would expect or anticipate a vehicle approaching down the right side. However with only 1 lane, and just a shoulder, why should anyone expect, traffic to be driving on a shoulder, where it is not to be? She had no idea where the truck that hit her came from. The last thing expected was for any vehicle to be driving down the shoulder. Also consider that tractor-trailer rigs conceal a lot of what's behind or in front of them. Just think of driving down the Interstate, looking for the sign telling you how far your exit is. In smaller vehicles that are behind a rig, these very large signs are not easily seen, and no I'm not talking about tailgating. Something that I abhor, and do not do.

It's pretty simple, driving on the shoulder to pass, is illegal here, especially when there is other traffic present. Oh and if you're saying that she should have seen the other semi, then the truck driver should have been able to see the van.

 

The van proceeded the left turn at about the same time as the opposing semi started it's left turn. Both had been at a complete stop waiting for the other to turn. The driver of the van only seeing the semi that was turning left, no other vehicle coming. The semi that collided with the van, drove onto the shoulder to pass the semi that was turning left. It did not stop or slow behind the turning semi. I will agree that the driver probably did not see the van until it was too late.

Now based on over 20 yrs as a law enforcement officer, 18 in this same county where the collision occurred, the statue states that when executing a left turn, it must be made when the way is clear. When passing or overtaking another vehicle, it also must be done when the way is clear.

So the driver of the van, seeing that the only oncoming vehicle is turning left, perceives the way is now clear to execute her left turn. The driver of the left-turning semi perceives the same, and they both proceed to execute their turns. The collision semi, seeing the semi stopped, displaying a left turn signal, proceeds onto to the right shoulder to pass, instead of slowing or stopping.

Now we all have, and I have, passed another vehicle in this manner, driving to the right onto the shoulder to pass a vehicle turning left. However the liability falls upon the driver to ensure that in doing so, the way is clear. So if there is a vehicle that is turning or entering the roadway, it must not collide or interfere with it. Now add to this, if I recall correctly, this stretch of highway is clearly signed, that driving on the shoulder is prohibited. That clearly puts the driver of a vehicle, that drives on the shoulder, and collides with another at fault.

Next, was speed a factor, or was the semi driver speeding? He may not have been exceeding the posted maximum speed limit which is 65mph. However again statue states that when over-taking or passing, it must be done at a speed which is safe and prudent, to avoid colliding with another vehicle. So, if he could not stop his vehicle to avoid a collision, this would add to his liability or fault.

Last Update

We've laid to rest this infant, and so I will do the same with this last post on this matter. However I just wanted it known the latest in this incident...

I've learned that this truck driver will probably face no charges, primarily due to the County Attorney's office not wanting to pursue this. The Trooper strongly recommended, and urged the family to contact the C.A., demanding that charges be brought. That the trooper investing, reported back to the family after interviewing the truck driver. He reported that the truck driver shown absolutely no remorse for what happened. It was like it was no big deal to him. The trooper could not believe this guys attitude.