Who's at Fault...?

There's software on all phones that logs every keystroke or action made. Even if the phone is destroyed it can be found. as long as it wasn't destroyed in a fire or something. They'll know if he was in the middle of a text, checking twitter, facebook, anything

 

I'd go after the company its ultimately their fault for creating the situation. They didn't provide a safe way to receive deliveries leading to an accident

 

But if anything i'd put triangles out around that blind curve maybe get cones and completely block the lane

 

We have a store we deliver to that you have to pull out across 4 lanes of traffic and sight side back into the store.

This road is in the heart of Gainesville, FL near the university. We're supposed to only deliver between 0100 and 0400. Though I've been sent there at 1800hrs and had to make due.

 

What big carriers ask you to do in these situations is to have a spotter stopping the traffic first.
If you do not do this you can be fired on the spot, no accident needed.

 

The on-coming driver has a duty to be come to a stop without hitting any objects that are already in the roadway. Examples might be fallen trees, a broken down vehicle, or a vehicle that is established in the roadway conducting another maneuver such as the backing you are describing. In the instance the OP described, as you were already established across the lanes of traffic and the other driver was coming around a blind corner, regardless if he was distracted or simply driving too fast to be able to stop in time after rounding the curve, he is at fault. In Ohio this is called Assured Clear Distance. The laws in other states may be slightly different, but a similar statute should exist.

However, once it gets into civil court (as opposed to traffic/criminal court) where the victim's family is suing everybody and their brother and sister's cat, the specter of not providing traffic control, spotters, flashing lights, and publishing a notice in the local media at least three days in advance (well, maybe not the last one but you get the point) will all be raised as to why you and your company should be held civilly liable.

 

Sorry,

but

I was playing hooky the day Harvard covered this subject........

 

I used to deliver daily in washington D.C. I never had a issue blocking traffic lanes to make a situation easier or safer. Their patience isnt required once i block oncoming traffic off i own the entire road its not difficult to block the cars behind me off again

 

this is the correct answer. you should have gotten some one to flag traffic. this happened to one of our drivers about 2 years ago on us12, teenager driving with a few other friends in the car, slammed into the drive tires.

our driver got the ticket, i'll see if he still has it and what the cop wrote him for.