Unsafe backing? Idaho

If you tell what I made bold in the quote to a Judge in court you are dead in the water and YOU will be paying all the damages. Any part of your vehicle out of the normal lane of travel YOU are failing to maintain lane. I have seen truckers cited by the NC Highway patrol on I-40 near those tunnels because of this drift. DO NOT tell that to a Judge!

When it comes to being in the lane that means ALL of the vehicle, not just the tires. By your own comments, you were on the line and your wheels were not fully straight when the car appeared. I am not trying to be an ole grouch here. I am just saying that woman might have had no idea where you were headed or not. Also, did you have your emergency lights flashing? Look at this from her perspective. You knew what your intents were, did she?

 

Why she put on brakes if going other direction.

 

That is a very good question. It boils down to two basic reasons. Either the lady perceived something blocking her lane, or she had been playing tootzies with her smartphone and came upon a hazard and panicked, or both.

If this had been a large Class 8 CMV I have an idea I know what 99% of the safety dept critters would say, that I will keep to myself.

 

I don’t think the lady had much time to react once she came over that hill.
The OP said the tow truck was barely in gear after backing out and was trying to get off on the shoulder, and the car was coming at her had its brakes locked up.
So something, at some point was obstructing the lane in order for the car’s brakes to be locked

 

I want to sum up my position on this situation and my comments. I am not someone that blows sunshine up a trucker's butt on these kinds of things. When it comes to Truckers and other drivers of large vehicles the odds are stacked against us. It is guilty until you prove to us you are innocent. Even if you are this much (holding my fingers together as I type this) in the wrong the cops in almost every location are going to nail you to the cross! I have seen this time and time again day in and day out. In fact, right now a driver is facing felony manslaughter charges over something that in its face was not her fault. If you are a truck driver and are in the mistaken belief you are on a level playing field on the highways and byways of this country you are living in a dream world. EVEN hiring an attorney, one from a preplan system will not change this all that often. They can sometimes save your CDL by getting a moving violation changed to a non-moving violation. This is all about money. ALL truckers and carriers have a bullseye on their butts and this is coming from the States who see truckers with $$$$ in their eyes, and personal injury Attorney's that do the same. I am almost 62 years old and have been in trucking or around truckers almost all my life. I have seen this crap play out time and time again and the trucker or their company almost always loses.

One more point. In Georgia, all emergency vehicles are supposed to be registered and certified by the Ga Dept of Public safety. Once they have that emergency light on they are allowed some leeway when it comes to moving around. I have no idea how they do this in Idaho. I think the lady driving that car most likely was speeding, was either talking on a cell or texting. I wish the OP well in this case. Experience tells me she faces an uphill fight.

 

Who can we get on the case?

 

If you were in your lane, and she crossed centerline into your lane, should not have been at fault.
Should have taken pictures from your phone of positions of vehicles, even police car tags/unit #

 

Your location when the other driver hit you seems to be different from where you were at when she locked the wheels. In this case, the dynamics are much different. I would advise you to stick with my lights were on option. I do not know if the cop that cited you added your comment about being right over the line or not. The thing is the cop did cite you. If this cop had reason to believe otherwise you would not have been cited. Also, do you know if the other driver was cited? This can make a big difference later. This has the potential to become a major PITA, I suggest you do hire an Attorney!

 

In my state anytime there is a wreck on the public roads someone must be issued a citation.