Another Day In Trucking

I think this one will be on you, unless you can prove to your insurance company, via a police report, that the following vehicle encroached (tried to occupy the space you were still taking) which led to and caused the collision. That would include all 70 or so feet of the lane, even if it was just your trailer tandems still in it.

It's unfortunate really, that you were not cited in this case. Now all you have is the police report, and it is what it is versus being able to plead with a judge. And, other than a civil suit, I'm not sure how you could address the "at fault" decision. That is, if it's even noted anywhere or means anything to the insurance companies that will settle the claim. Maybe the police department has an appeal or review process you could pursue. Couldn't hurt to ask for a 30 minute appointment to talk it over with the chief or a ranking officer.

If I were you, relax. It's done. Nobody died. Next and obviously, get a copy of the police report asap and review it carefully and understand what you're working with. Then I'd be pressuring my insurance claims adjuster to reject the claim on the grounds that the following vehicle encroached. Then keep my fingers crossed and not be too surprised if they decide to pay out since it's cheaper than fighting it in a civil suit.

Sounds like the only thing you possibly could have done better is crowd the right lane better to prevent Mr. Inahurry from getting between you and the wall. There's a similar set of construction chicanes on US-27 NB leaving Chattanooga. All I can do there is try to time my approach to avoid cars to the left of my trailer wheels and get on top of the zipper about 100 ft before the first turn. Then take the right with my left wheels just over the zipper to clear the wall on the right. Then back left, crowd the wall to the right and the trailer tracks where it tracks. I've never had trouble there. The local drivers will see me get on the zipper during the approach and they back off, or step on it, to get clear. I also adjust my braking to help that along. Never been jammed in traffic there though. I guess it's either that, or throw the four ways on and wait till all the cars are gone. Depending on where you were, that could take all day.

Assuming the worst and they pay out, you will now have a balance on your insurance loss run. Your agent may be able to tell you how much that will affect your future rates. Since it was just a damaged 4 wheeler and an ambulance callout, plus no citation issued, maybe it won't be that bad. That is, versus serious injury or fatality and so on.

 

Tough one. It happens. 7 yrs accident free so it won't kill you I don't think. The fella that mentioned making 3 lefts makes a good point. The fella that mentioned stopping in the intersection makes a good point also.

My opinion from the 4 wheeler perspective: When the truck driver put his 4 ways on I thought he was stopping so I went around...then he started to turn and I had no where to go. If he had left hus signal light on I would have let him turn.

 

Sorry but in this situation its gonna be your fault I don't agree with it but the way the law states its on you cause you left your lane I had a similar thing years back except I seen what the guy was attempting to do and hit my brakes before I hit him but he ended up going into the bushes lol I wasn't cited cops just said I was a contributing factor for the accident our insurance didnt pay nothing but I also never hit him if I wouldve it would ve been on me cause I left my lane of travel when making a right hand turn.

 

Sorry to hear they stuck you with the report.

On the bright side of things there were no dui charges, arrests, tickets, strip searches or impounds.

I retired from law enforcement and though I don't disagree with the officer listing you as the contributing factor of the accident since you were changing lanes when that idiot got impatient and tried to jet past you... I will say this:

The officer who fills out the report can list multiple contributing factors that caused the accident. If I would have been the officer in your case I would have checked the box or summarized in the narrative... that an additional factor was the road under construction and the temporary jersey barriers with the zig zag lanes were impeding the proper flow of combination vehicles to pass through the construction safely with other vehicles.

I would contact the supervisor and tell them to have the officer add that as an additional contributing factor in the report.

Good luck and I hope L.E. adds it and you can submit an updated report to the insurance company and maintain your rates.

 

There's definitely a skill to handling four wheelers. Having "crazy" on the back of your sleeper helps!

 

He told me that as long as the four-wheeler had room to get between me and the jersey barrier, that he had the legal right to be there (even if I was half into the lane still). I told him if the car had done what I had done, and I had tried to 'sneak by' the four-wheeler, that he'd have found me at fault. HE AGREED and then just shrugged his shoulders. Reminding me that I wasn't being cited for anything, just listed as at fault.


You got to be Poopin me?

 

Good luck with your request for review today. It seems pretty clear the following vehicle not only occupied the lane prior to you vacating it, but managed to also get up alongside your trailer in just a second, to everyone but the officer that wrote the report.

 

all the way back to driving school
and getting a permit your told to swing wide
after you start turning right onto the next street
not before for just this reason

this happens to me weekly in downtown LA
and I scream about stupid 4 wheelers
as I run one over fault will still be mine