Whose Fault Is It??

Discussion in 'Trucking Accidents' started by mjd4277, Aug 31, 2017.

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  2. buddyd157

    buddyd157 Road Train Member

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    geez he (or she) sure got jettisoned far.....

    i'd of course blame the car driver, the trucker had a dash cam, that should be enough to clear him. however a civil suit can still be initiated against the trucker, with even the 3 Stooges as lawyers for the car driver.

    don't mean they will win, but we all know how hungry the scum lawyers are.
     
    Last edited: Aug 31, 2017
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  3. Grumppy

    Grumppy Trucker Forum STAFF Staff Member

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    Legally, which is the end result here, its the truck drivers fault... in the end.
    Following to close ...
    failure to yield to a stopped vehicle etc.
    It would have been the same thing if the car had stalled. The rule still applies. However, the car will also be ticketed & be partly responsible because he stopped in the travel lane.... blocking the travel lane.

    But, in the end, the truck driver will be charged at fault & listed in the #1 position on the accident report. If there are injuries (which you know there will be) the truck driver, the company & the insurance will be liable.
     
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  4. G13Tomcat

    G13Tomcat Road Train Member

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    Dang, did that car not HAVE A REAR VIEW MIRROR?!?!?! Just "randomly" stop to be "nice" without checking what's coming up behind you?!?!?!?
    What really sucks is that the dump driver didn't stop and put HIS two cents in to the event; after ALL the car was yielding for HIM.
     
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  5. gentleroger

    gentleroger Road Train Member

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    The car was an idiot, where he stopped the dump truck didn't really have time to merge and if I were in the dump truck I wouldn't be expecting the car to stop - I would be trying to come in between the car and the truck.

    That said this accident is 100% the trucks fault. He had plenty of time to slow down and maintain his distance but chose to close the gap (or didn't notice his closure rate). Ramp speed is listed at 50 mph so from his "come on" statement he should have had time to stop if he were at the appropriate speed. Even if the car doesn't stop I would be expecting the dump truck and the car behind to be trying to get in front of me.

    Always assume those around you will do the dumbest thing they possibly can. Then be pleasantly surprised when they act intelligently. I prefer pleasant surprises to unpleasant ones.
     
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  6. pattyj

    pattyj Road Train Member

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    I blame the truck driver,anytime you come off a ramp that driver is suppose to yield and slowdown.Looks like he did neither and also didn't stop after the accident.
     
  7. G13Tomcat

    G13Tomcat Road Train Member

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    Which truck driver? The semi or the dump?
     
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  8. austinmike

    austinmike Road Train Member

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    PUNT ! I'd say the car was at fault, but I'm sure they will say the truck failed to control his vehicle.
     
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  9. G13Tomcat

    G13Tomcat Road Train Member

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    I'm pretty much with YOU on that one, man. Yeah, the T/T rig was going a bit quick, but it was like an exit he was on with an incoming merge of the dump rig.....and the dump rig did NOT appear that he was gonna shuffle in in front of the T/T.

    Really sucks that the dump driver didn't stop.

    Bet the T/T gets hit with the accident, no matter. Just sucks. I would have left more room, were it me.... in case of shixle like that.

    Idiot car, no matter. Dang.
     
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  10. austinmike

    austinmike Road Train Member

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    it was a group effort for all involved lol
     
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