SCHNEIDER= 10 YEARS Motor Vehicle Record, Are You Serious???

This just in:

 

How is it not his fault your suppose to be in control of your vehicle I didn't see the MF coming, it was too fast, when I get into the brake it was too late

 

Because he was being passed by the car.


He was in control of his vehicle, he was obviously driving carefully; assuming he was driving at or less than the speed limit, and had no other choice, the other car passing him did so in an unsafe manner; and because the other car came back in too soon places the fault firmly in the car driver's lap.


An example: you are driving your rig down a two-lane street with street parking that forces you to use the middle of the street to safely pass. You are driving slowly and carefully, and the parked cars are mostly on your side of the street.

Now, a car comes up behind you in a hurry, you may OT may not have seen it; he gets impatient and tries to pass you on the left because there is a gap in the parked cars. He is speeding to get past you, and before you can even get off the throttle, he accelerates and cuts across your bow. You can't maneuver right without hitting parked cars; you can't maneuver left because you'll hit the passer. You can hit the brakes, and you do; but you couldn't react fast enough and the truck couldn't slow quickly enough, and his bumper catches yours.

This is clearly the other driver's fault because he did something unsafe and tried to do it by speeding; also, you were well within your right-of-way based on the prevailing conditions. The other drivers should have waited until either you turned off, or he could turn off and some other way; instead, he performed an unsafe maneuver, and hit you.


Another way to see it: what if it were your wife riding a bicycle or motorcycle, and he did that?? Clearly, it would have been his fault because of the unsafe way he did it; and your wife would be dead or injured.

Does this explain it?

 

maybe dash cam would have helped maybe not, but ANY company is going to look at THIS part of the story I didnt quote earlier quite closely dont you think?

." but the LEO that came to the scene gave me a ticket."

I only have limited experience in this industry but rightly or wrongly receiving this ticket makes it a preventable in the DOT's eyes doesnt? Therefore preventable in a compnay's insurance companies eyes too I would guess.

 

Does this explain it? In your mind it might but not in a court of law he is to be in control of his vehicle when I get into the brake it was too late same as rearending another vehicle he did not have control otherwise he would of avoided the car, reason he was ticketed .

 

The ticket has to stick, which means fighting it. This is where a legal service or a lawyer-on-a-leash comes in handy.

Also, consider the insurance angle: had he used an explanation like this with the cop, perhaps he would've avoided the ticket; now, had he used this with the insurance company (with an accompanying drawing or diagram), the insurance company would have all the ammo they needed to deny the claim. Take those two things to court, and watch the judge toss it on its ear.


And you don't LET the company get away with NOT looking at your side!!! If your respectful and detailed, they will take your side, unless you have a history of hitting cars and killing nuns in crosswalks.

 

Fact of the matter is the officer cited him in the accident so as far as the officer was concerned it was his fault. Regardless of the actual occurrence, he still should be expected to explain his driving history, which seems to me he was pretty confrontational about considering how confrontational this post is.

 

That was his fault for describing it that way; and it doesn't change the essential facts: the car cut him off during a risky maneuver.

Our trucks do NOT stop on a dime!! Even if he had "hit the brake in time", I suspect he still would've hit the car because the car was driving recklessly. He did try--he did hit the brakes. He didn't swerve into something solid;meh did everything he could to avoid it. Therefore, the car hit him.

 

This I agree with, which leads me to believe he was confrontational with the cop (maybe a bit stressed or depressed, perhaps?), which led the cop to give up and cite him.

If that were me, the other guy would get cited; and if I were cited, I'd fight it. And I'd NEVER back down on my explanation. And the insurance would back me.

 

Okay, check this out: I'm driving down the highway, I am in the left lane going the speed limit (75). It's 5am, dark, and I see a deer walking into the right lane and about to enter my lane at the edge of my headlights; I brake hard, swerve right halfway onto the shoulder; the deer turns around, and runs back towards the car, and WHACK.


Who's at fault, here??