Had a minor accident...need advice

Discussion in 'Experienced Truckers' Advice' started by magumbo, Jun 12, 2012.

  1. magumbo

    magumbo Bobtail Member

    8
    5
    Nov 12, 2009
    Chicago il
    0
    I am torn over who is at fault here...


    I was pulling a 40ft bare chassis, in a one lane turn lane going right, next to go, light goes green and I start my turn as I start I look back(thru my window behind me, daycab) and see a guy managed to tuck in his cadillac directly to the right of my chassis. I hit the brakes but not before my chassis tires run into his door.

    We settle on our own and I agreed to cut him a check for 400 bucks because I just wanted to move along, I get a call from him today and in the message he left me is that the door needed to be replaced and its $1000.

    I do believe that the door needed to be replaced and the cost, my question is am I really at fault? On one hand I hit him, but on the other hand he never should have been there and he admitted he felt a little at fault. Im ok with the $400 hit, I just want to do whats right

    Please help!
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Deadjester

    Deadjester Light Load Member

    55
    47
    Jun 24, 2011
    Indiana
    0
    i'd say no, and fight it, he was in the shoulder lane trying to squeeze by and got hit....i had that happen once but the guy was smart enough to jump the curb when i started moving to get outta my way.
     
    magumbo Thanks this.
  4. joseph1135

    joseph1135 Papa Murphy

    11,340
    27,263
    Nov 8, 2009
    The Highway To Hell.
    0
    You were not at fault. He was. You should have called the police.
     
    magumbo and ewill71 Thank this.
  5. joseph1135

    joseph1135 Papa Murphy

    11,340
    27,263
    Nov 8, 2009
    The Highway To Hell.
    0
    Actually on another note, I had a situation like this in 2009. I was making a right and a girl tried to get by me on the right. Her fault, she was charged, and she also lost her car. 17 year old. Lol.
     
    magumbo Thanks this.
  6. Bikerboy

    Bikerboy Light Load Member

    299
    183
    Apr 1, 2008
    Canada
    0
    yup his fault, he was illegally passing on the right
     
    magumbo and CondoCruiser Thank this.
  7. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

    7,744
    14,389
    May 7, 2011
    0
    Unfortunately, you already forked over some money...an admission of guilt. If you didn't feel you were at fault, you wouldn't have offered the guy money. This will likely play out one of three ways. 1) You pay him the extra $600 so he can replace his door. 2) You refuse to pay any more, he sues you, and the court orders you to pay the extra $600 plus court costs so that he can replace his door and pay his attorney. 3) You refuse to pay any more, hire a lawyer of your own, and argue that you were BOTH partially at fault, and that you paid what was agreed upon at the scene to be your portion of the damages in the incident. While you MIGHT avoid having to pay the other driver the rest of the money, you'll have your own lawyer fees to pay. If you attempt #3 and fail to convince the judge, you'll have your lawyer, his lawyer, court fees, and the $600.

    Pick your poison. Next time, don't admit guilt at the scene. If you have to get the police involved, do it...ESPECIALLY if you don't think the wreck was your fault.

    Personally, if I don't feel I was at fault, I will NOT exchange information with the other party...especially if there was no damage to my truck. If they insist that we exchange information, or if there is any damage to my truck, I'll call the police and I will gladly give the responding officer my information. However, with no police involvement in a wreck which I was not at fault, they won't get a #### thing from me.
     
  8. chalupa

    chalupa Road Train Member

    3,757
    1,633
    Jul 22, 2010
    Houston,Texas
    0
    Need a lil clarity on one key item here.....was the 4 wheeler on the shoulder passing or did you swing left to make the right?

    If you were outside of your lane at all then it's on you. It's a sheety deal I know but that's the bottom line, we are not allowed to leave our lane to make a turn.

    JMO
     
    otherhalftw, CondoCruiser and magumbo Thank this.
  9. SmokeyCowboy009

    SmokeyCowboy009 Heavy Load Member

    717
    315
    Mar 4, 2009
    Watertown, WI
    0

    Guess then youve never made a wide hairpin turn to miss the t-pole on the corner...


    OP... you should have called the police and yes itll be on your record but you are not at fault seein you were in your lane and he was being way to impatient.
    take the issue to court and see where it gets you....
     
    magumbo and MNdriver Thank this.
  10. magumbo

    magumbo Bobtail Member

    8
    5
    Nov 12, 2009
    Chicago il
    0
    The turn lane was wider than a typical turn lane, no shoulder the guy thought for some reason that I was going left, never crossed any lines, he simply was in the wrong place.


    I called him back and after a little back and forth and arguing, I agreed to send him another 100 and now were settled, I have the call recorded, not sure if that will help at all in the future if it comes up, but I don't think it will

    Thanks to all for responding!!!
     
  11. CondoCruiser

    CondoCruiser The Legend

    19,726
    18,700
    Apr 18, 2010
    Tennessee
    0
    I would get an email if you could. They are legal documents. Even texting would work. IL requires consent from both parties to record a phone conversation. If you do, on the recording tell him you are recording and ask if he consents to it.

    Remember if he drags you in court afterwards, you need evidence of an agreement to show the judge. CYA!
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  • Draft saved Draft deleted