Help with defending lawsuit

Can you find that truck in the classifieds, maybe the seller can help you out?

 

In defense of those largecar Pete drivers, I actually see more sloped-nosed trucks in crashes than those big Petes. As in, waaaayyyy more. The law of averages accounts for some of that, but not all. Perhaps it's because a larger percentage of 379 drivers actually have some skin in the game through actual ownership and they don't want their property messed up. Just personal observation and conjecture on my part.

 

I can't help with exact measurments since I know longer own a Pete 379. But I can show you exactly what the view looks like from the driver's seat. and yes, if a pedestrian walked out in front of me... I probably wouldn't know they were there either. That is why eye contact must always be made with a driver before presuming they see you.

The picture directly below was taken in my driveway at home. The truck has 10 feet of clearance from that tar road & the position the truck is in. But you can't see that in the picture.

 

Not to play Devil's Advocate here, but the pedestrian had to approach from the left or right side, correct? You stated "walking" not running.

What was the driver doing before a pedestrian just miraculously appeared in front of his hood? Did he mow them over in a crosswalk? Was the walk sign lit or was the person jaywalking? Did the pedestrian pop up out of a man-hole cover? That might work.

The only time I've almost ever hit anything in front of any size hood is when I wasn't paying attention to what was going on ALL around me.

You can't blame the manufacturer of the truck, or justify it with geometric equations depending on whether the guy was sitting on the floor, 5' tall, or whether the pedestrian was a midget on a tricycle....it doesn't matter.

The bottom line is he didn't yield the right of way to a pedestrian. The pedestrian could be drunk and disoriented and it wouldn't matter. That's the kiss of death for your defense. Ask a cop.

 

It all depends how the driver was sitting too. Alot of them drivers think they are cool if they sit way back and low. That changes your line of site drastically.
The nose is somewhere around 5'9'. Looking to the side though it's alot lower. There's a space he should of seen the pedestrians head, but by then it would be too late.

 

Geeez, I've been reading this post and can't believe all the scepticism. This guy's (person's) here to help investigate and get facts about a case from some people who probably know some things that can help and he gets blasted with everything from "no way the driver should have hit that pedestrian-cause I never have" to "you must be working for the pedestrian not the driver."? WTF??

 

I rebutted it for a reason. If the pedestrian was jaywalking, he does not automatically have the right of way, it's only in a crosswalk.

The man-hole cover was sarcasm - nothing more, nothing less.

You are contardicting yourself, as I comprehend it. At first you say the cop places fault on the pedestrian, but then later state it's up to a jury to decide it. Cops determine probable fault at the moment they decide to write or not write a ticket.

Even tho' I can fully understand how these accidents happen, there was an obvious lack of eye contact from both parties, your client and the 78 year old man, who yes, is 78 and probably not too attentive at his age.

However, as professional drivers, we are instructed to take in all kinds of information around us. The Smith System teaches this well, and if your opponent has an equally savvy lawyer, he's going to play that card. A ball bouncing across the street will more than likely have a child chasing it, stuff like that.

From the sound of the scene, there was a lot going on. Fire trucks having photo op time, lots of people around, lots of distraction. But there has to be a very short period of time from when the 78 year old went from the front of the fire truck to the blind spot under the hood of the Pete, and was visible. Your client just happened to be looking somewhere else. It's understandable.

Come back and let us know what the ruling was. Please. Good luck.

 

I object! Your honor, they are speculating!

We're just throwing ideas at you. Need to cover all bases so you'll be better prepared.
Better to hear it from us than in the court room!