Question for all Experienced Drivers

In Post #43 in this thread I related a story of my Father dying in a fatal crash where he pulled in front of another vehicle, both vehicles non CMV. He died, he was obviously at fault, wouldn't have died if he didn't pull in front of another vehicle. When the legal process was done between the insurance companies he was only found 60% at fault because the other driver was found to be at least 15 MPH over the posted speed of 35 MPH. Sure my Father caused the accident and as a result he gave his life for it, BUT if the other driver had been going the speed limit he might of seen them sooner or not died due to a slower speed impact.


Much as in the OP case, it seems to me there may be additional facts that may have contributed to the fatality, that doesn't mean the OP will be able to get a CDL job necessarily, BUT this being a few months old incident, I am willing to wager the legal battle over fault is far from over. After this runs its course, he may able to use the outcome to help in his job search, or not.


BTW, as FAIK, the other driver in my Father's accident was never cited by the local police, the speed came out during the subsequent legal investigation and accident reconstruction months later.


TS

 

And I do not understand your post. My apologies. So, by using my reasoning (it's snowing and we need to slow down etc.) or using your reasoning (it's not restricted yet, legal speed posted limit etc.) What would be correct ? Common sense ? Or the so called "fine print" ?? What is it ?

 

Sorry..your dad still caused the accident. Had your father not pulled out in front of the other driver, this never would have occurred. You can blame the "other guy" all you want, but the precipitating factor was your dad. My condolences. His poor actions started the accident, the other driver's actions just contributed to the end result.

 

the first thing all you chuckleheads need to realize is there is a reason they are called "accidents". OK ? Sure, we want to determine liability and all that jive, but everything I've heard described here is accident, accident, accident. We're all human, and if you make it through a day or a week or a month out here without being in one, then you've got something to be thankful for.

 

So, if you come over a hill and see a big truck pulling out in front of you what is the right course of action ? Do you

A. continue on your merry way until colliding with the vehicle even if you yourself are driving over the speed limit, because it is his fault after all
B. try to slow down and avoid collision
C. stop, drop, and roll ?

Of course you're supposed to try to avoid the accident knucklehead.

 

I agree 100%, in fact I was shocked to learn that the legal system placed part of the blame on the other driver, just goes to show these things aren't cut and dried. In the case of the OP, his actions were 100% the cause of the accident, now there may have been contributing factors and in fact it is possible the other driver contributed to the destruction and death, fact remains if he hadn't pulled out the accident would not of happened.

TS

 

hyp·o·crite noun \ˈhi-pə-ˌkrit\ : a person who acts in contradiction to his or her stated beliefs or feelings

You condemn a man who approached an intersection, looked for approaching traffic, saw nobody coming, and proceeded.

When asked what you do when you approach an intersection, you replied:

You condemn a man for doing the exact same thing you admit that you would do. That is the definition of hypocritical behavior, so that would make you a hypocrite. It isn't name calling, just a statement of fact.

 

Not sure why you directed that at me but if you're suggesting I take a fatality lightly you are incorrect.

We don't know where this happened. We don't know weather conditions. We don't really know much of anything. Based on the little we do know I imagine we're better off with this guy off the road but we really need more info to make that judgement IMO.

 

Its all the fault of the gas station attendant that sold gas to that van driver, if it wasnt for him/her blah blah blah LOL

From what the OP posted it looks like he was not at failt UNLESS he is not telling everything and the fact that he was issued a summons DOESNT mean that its 100% accurate.

If you drive in NYC on friday night for any reason you will see numerous drunks with expensive cars showing off not caring about accidents, best to avoid driving in those conditions, but sometimes you have to.
And truck driver did not kill this poor person, the van driver did.

PS I have less than a year Tractor trailer experience but close to 10 years straight truck driving in NYC, no accidents, and its a skill combined with just LUCK.

 

Here's hoping your luck does not run out, it's just a matter of time before it does.