Shoulder parking accidents

Discussion in 'Trucking Accidents' started by JoeyJunk, Jul 1, 2022.

  1. JoeyJunk

    JoeyJunk Road Train Member

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    Note: this is a long post.

    This is what happens when laws are not enforced.

    This is what happens when there are not enough officers to enforce the laws.

    This is what happens when officers are directed not to enforce certain laws or only work certain areas, certain crimes. Spread too thin.

    This is what happens when CDL’s are given out to foreigners who DGAF about rules. (Yes I know, how racist to state the facts)

    This is what happens when those said drivers have a free pass to do what ever whenever. (Not technically a free pass, but you should get the point. We see it everyday)

    This is what happens when you drive like an idiot because you are only concerned about yourself because you are in a soft society with zero morals, ethics, and now order. (Both cars and trucks)

    This is the repercussions of crazy people who have crazy ideas and get crazy people elected. Like it or not. (Freedom doesn’t mean no rules, thats anarchy)

    HOWEVER………..

    Inattention is the issue. Those painted lines are boundaries. Respect the boundaries and you will not hit a parked vehicle or fixed object. Pretty simple. The guy that is parked is breaking the law as is the vehicle that crosses the line and strikes him. (Failure to maintain lane. Inattentiveness, etc.) So, they are both at fault. But some want to blame the parked vehicle ALWAYS.

    My opinion, both broke the law. They were both playing a stupid dangerous game. There was a winner and a loser. Game over. No lawsuits.

    Want to be fair? Ticket the parked truck and ticket the estate of the dead driver.

    Everyone complains about the nuclear verdicts against truckers, but when one is hit on the shoulder, they side with the deceased. Being killed doesn’t automatically make one right.

    So these cases go to court and each side has to prove who is MORE negligent. Again, IMO the boundary is the deciding factor. You crossed the boundary and hit a non moving object. Its 100% your fault.

    I know, I know. If the guy wasn’t parked there illegally the other driver wouldn’t have hit him.

    ALSO

    If the other driver hadn’t crossed the white line illegally he wouldn’t have hit him.

    Both are minor traffic infractions correct? So again, who’s at fault?
     
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  3. Tumbleweed TowMan

    Tumbleweed TowMan Light Load Member

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    Both are at fault, unless the vehicle stationary on the shoulder is truly a break-down can't move.

    I don't give a hoot if something "sounds" racist, facts are facts, most of the heavy wrecks we clean up are flip-flop wearing steering wheel holders .... and they suck at that!
     
  4. kranky1

    kranky1 Road Train Member

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    Most of the problems for the last 30 years up here have originated in one identifiable group. You would think that would be easy to clean up. But nooo, they’re too scared of their own discrimination laws to put an end to it. The highways are lethal, but at least they didn’t offend anyone.
     
  5. Tumbleweed TowMan

    Tumbleweed TowMan Light Load Member

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    I will, however, have to contest myself of one incident - it was a younger white dude in a loaded semi that crossed well over the shoulder line to sideswipe my rollback, wasted the deck on it.

    Then he lied to the trooper, told him there was a black car beside him. My front & rear cameras showed the car not to be black, but invisible!

    To you folks, that wake-up rib may be a funky noise, to me it is bloody well INCOMING! RUN!! And it's getting worse.
     
  6. Val_Caldera

    Val_Caldera Road Train Member

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    A little shorter post.
    Sometimes the "parked vehicle" is Parked because of a variety of Mechanical Issues and was unable to clear the Lane(s).

    IF the "one in the breakdown Lane" IS Broken Down (hence, cannot move under own power) and Has flashers as well Reflectors out and still gets hit, how is such the Fault of The Operator/Driver who is NOT, by the way, intoxicated or high on some other substance AND had called (1 or all) State Bear/City Kitty/County Mountie for assistance as well a Wrecker?

    See Above.

    I concur.

    TRUE.

    However, IF the assaulted vehicle was LEGALLY PARKED due to Breakdown like blown/exploded steer tire or blown engine, etc., and had appropriate reflective triangles and/or reflective/flashing (mesmerizing?) devices as per what I have understood of the "FMCSR road rules", then broken down driver is not at fault.

    (I'm NO Road Scholar Lawyer nor in-cab/sleeper personal defense attorney, just another ex Road Warrior Class A Driver with one accident in 2013 and zero problems from Breakdown Lanes)
    --------------------------------------------
    If any of my info is incorrect, please advise or shoot me the bird or other as allowed directory.
     
    Last edited: Jul 1, 2022
  7. JoeyJunk

    JoeyJunk Road Train Member

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    He crossed the white line which is failure to maintain lane which is also illegal. So they are both doing an illegal act. Just cause the truck is parked illegally doesn’t make crossing the fog line while not paying attention NOT ILLEGAL anymore.

    Who is more at fault? I understand how it will play out in court. IMO I say if you hit something that is not moving that is also NOT IN YOUR LANE, than you are at fault.

    The truck parked illegally on the shoulder is a separate issue. He didn’t back into you, you ran into him. Again, just my opinion.

    I am really big on personal responsibility. I pay attention and don’t hit stuff. We now take everything and slice it down to a world of chaos and unknowns. Right is wrong. Wrong is right. Yes I ran off the road effing with my phone and hit that guy, but it’s his fault. If he wasn’t in MY way then I could have hit the guardrail and blamed the state for putting it there. NOT MY FAULT. GET OUT OF MY WAY.

    Its all so stupid.
     
  8. Val_Caldera

    Val_Caldera Road Train Member

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    I no copy this:
    There's a statistical percentage of Home Grown Drivers that DGAF.
    I'm not one that gathers statistics.
    - - - - - -
    HOW is it considered "racist" when Stating potentially verifiable FACTS without defining/specifying particular Individuals??
    There's AN EXTREMELY LARGE PERCENTAGE of Americans with FOREIGN Ancestry.
    One of my DISTANT Relatives came from SCOTLAND in the 1500's and possibly, maybe had something to do with a couple Named Cities In Northern Virginia.

    Stating FACTS Is not "racist".

    The word "foreigners" is not stating race.

    The Musical Group FOREIGNER isn't a "racist" term.
     
  9. JoeyJunk

    JoeyJunk Road Train Member

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    I know, but these days the terms and meanings have been changed.


    Uh oh. RACIST!!!!!!
     
  10. takeheed777

    takeheed777 Light Load Member

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    The number of "broke down trucks" is oddly 10X 15X overnight compared to day. Wouldn't the breakdowns be higher when more are operating daylight than overnight?

    Cut the breakdown excuse crap, we all know exactly what's going on. These drivers decide F the motoring public, F you and your kids, I'm parking on the shoulder next to 70mph traffic lanes whether a heavy fog to roll in tomorrow morning, heavy rain, heavy traffic, whatever, ## people.

    It's extremely dangerous and careless.
    Both the parking and the merger back on travel lane is dangerous. Use an entry/exit ramp or RA- NOT a shoulder.
     
  11. Flat Earth Trucker

    Flat Earth Trucker Road Train Member

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    I still want to know what love is.
     
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