Truck Accident In Cali

Topic 17626 | Page 4

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Lionheart13's Comment
member avatar

G-Town, first of all, my "daddy" was blue collar. And you don't know me so stop assuming. You are the one being disrespectful. I've LOST more "chops" than you'll ever HAVE.

And learn how to READ. The space was occupied by ME. He was not there when I initiated th move. GET IT? He was on my LEFT and BEHIND. He was in a hurry and was trying to pass another vehicle that was blocking him. When he realized that, he swung over two lanes, into the trucker's lane, passing on the right. He then left the scene and came back a short while later. DO YOU UNDERSTAND? DO YOU WANT ME TO POST THE LINK TO THE CALIFORNIA STATUTES?

I don't know what the cop did because he separated us. The cop did mention to me that the kid told him, "I had the choice to speed up or slow down. I chose to speed up." What does that tell you?

"Hide behind the law." You CLOWN. You just inadvertantly admitted that I was ABIDING by the law.

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Isaac H.'s Comment
member avatar

Believe what you want to believe but you're the one paying a fine.

Lionheart13's Comment
member avatar

Farmer, I appreciate your input. The damage to the other vehicle was negligible. Mostly some scraping and light fender damage. It was a rental. So I doubt there was any major negotiation between the insurance companies.

As for taking it to court, I doubt the other party would even dare because if they did, we would whip their ass good. Remember, I had an unbiased 3rd party witness who collaborated everything.

And I never once said that the right lane was occupied when I made the move. I have always contented that I made the move FIRST. If he would have been in my mirror, I never would have moved.

Brett Aquila's Comment
member avatar
"I had the choice to speed up or slow down. I chose to speed up." What does that tell you?

That tells us he decided to pass you. You assumed that wouldn't happen so you failed to check your mirrors and promptly ran him over. It's all perfectly clear to everyone. It really is. We have more years of combined driving experience than you have weeks. Do you really think we don't know what happened? Do you really think we don't get it?

None of us can figure out why you keep going on and on about this. It's over. Let it go. You haven't convinced a single person on God's Green Earth that you were in the right. Are you still unaware of this? Not one. Veteran drivers have all agreed you were at fault. Your safety manager agrees you were at fault. Everyone but you.

If you want to know your legal rights then call a lawyer, not us. If you want someone to support your theory that you were in the right then tell someone who doesn't know anything about truck driving. Two problems solved just like that. Go for it.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Isaac H.'s Comment
member avatar

Fine fīn/ noun noun: fine; plural noun: fines 1. a sum of money exacted as a penalty by a court of law or other authority.(aka Your carrier in this case)

Lionheart13's Comment
member avatar

Well Brett, I guess it is a very good thing you guys aren't the judge or jury. I mean, if you guys cannot see that the other guy broke the traffic laws, then the situation is hopeless. I have admitted to my lack of diligence but you guys can't admit that the other guy broke the laws. It's all good. Whatever...

I am not worried about court or anything of the sort. All I was wondering was if Stevens had the right to take my money without due process. For all I know, they could even be double-dipping. I figured someone here could enlighten me on any rights or recourse I may have. I guess I was wrong.

But I'll tell you what, there are still a lot of missing pieces and I won't know a thing until the guy at Stevens decides to answer his phone, or I get the report from CHP. For now I will let them take the $50 because I am on the road and can't fight this front right now. But I will report back to you guys whether I was found in the right or wrong. Then we will see what the reactions here will be. I have a pretty good idea what they will be already...

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.
Old School's Comment
member avatar

You keep claiming they came from your left, two lanes over, then managed to get all the way around on your right. Somehow all this happened without you knowing anything about it. What you do know about it came from a trucker who was paying attention to what was going on around him - your witness. It took a good bit of time for all this to take place because according to your report you struck him with the right side of your tractor. That means he went all the way up past your 53 foot trailer, and yet you never knew what was going on all around you?

The in-house insurance guy gave me no due process, no notice, no nothing. When I talked to him immediately after the incident, he claimed that the impact point was not favorable for me. By the way, the damage to my truck was less than $500. The major thing was the passenger door step rail

OWI:

Operating While Intoxicated

Rainy D.'s Comment
member avatar

The CA driving manual says it is permissible to pass on the right on an open highway with 2 or more lanes clearly marked in the direction of travel. So that part of your argument is untrue.

click here then scroll to "passing lanes"

I'm wondering if your transition into the lane isn't what it should be. Are you moving the whole rig smoothly across the line....or moving the front of the tractor in then the trailer? Because from your description you occupied the lane, but he was between you and the wall. I understand he was speeding, but if the entire rig changed lanes at one time, then the entire rig would be occupying the lane. So from your description it sounds as though your tractor was in the lane but the trailer still moving over.

I think the point being missed...is that it was a preventable accident by you. As a preventable, it makes it your fault on your CMV record. Keep in mind Class D & CDL are two completely different things. A CMV preventable accident is not going to affect the Class D portion of your personal vehicle and insurance.

I was initially concerned about this as in NJ an accident can easily raise our car insurance by $500 per year for up to three years.

Also, keep in mind that police reports document what happened according to witnesses. It is the insurance companies who then argue who is at fault and determine the payout. The police can issue a ticket, and document "driver A ran a red light and hit driver B" but the insurance companies then argue who is more at fault and pay out to a "degree of liability".

States have different determination of fault. CA is a "pure comparative at fault state" meaning if the Audi was 50% at fault and his damages were $5000 then he is entitled to $2500 in damages. Meaning since you were both at fault, you both lose. There is no winning in this scenario for either party. THAT is the law in California.

I concur with the other post that said Stevens probably settled for less than the damaged and is having you pay a portion, not the full amount.

If an Audi was crushed against a wall (or even just some bumper or fender damage) it could be $5000 or more. But keep in mind if you are even a portion of at fault in CA you are liable for the % of that portion.

I ran an auto body shop for years. It was my job to argue with insurance companies and know liability laws.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

CMV:

Commercial Motor Vehicle

A CMV is a vehicle that is used as part of a business, is involved in interstate commerce, and may fit any of these descriptions:

  • Weighs 10,001 pounds or more
  • Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
  • Is designed or used to transport 16 or more passengers (including the driver) not for compensation
  • Is designed or used to transport 9 or more passengers (including the driver) for compensation
  • Is transporting hazardous materials in a quantity requiring placards

Dm:

Dispatcher, Fleet Manager, Driver Manager

The primary person a driver communicates with at his/her company. A dispatcher can play many roles, depending on the company's structure. Dispatchers may assign freight, file requests for home time, relay messages between the driver and management, inform customer service of any delays, change appointment times, and report information to the load planners.

DMV:

Department of Motor Vehicles, Bureau of Motor Vehicles

The state agency that handles everything related to your driver's licences, including testing, issuance, transfers, and revocation.

George G.'s Comment
member avatar

All laws aside you are driving a big rig. It is always your responsibility no matter what the situation is to ensure you make the outcome as positive as you can be. If that accident could have been avoided via actions taken by you and it wasn't then you are at fault. Laws or not. Don't screw around with peoples. With the amount of responsibility you have been given you shouldn't just hold yourself responsible for your actions, you need to hold yourself responsible for the actions of those around you. When I was in the army we had a saying, stay alert, stay alive.

Good luck and drive safe.

You guys DO REALIZE that the other guy broke the traffic laws don't you? Put it this way, in court he would LOSE. HE WOULD LOSE. Do I need to cite other cases as precedents? I can show you guys cases that would clearly side with me, yet you people would STILL villify me. Because you need to get your way. Because of your mob mentality. I am talking about LEGALITY here. Could I have made more effort? YES! But when I changed lanes HE WAS NOT THERE. GET IT? Does that mean I would lose in court? NO! And that is what my whole rant was about. ABOUT THE LEGAL SIDE OF IT. So let me pose to you guys another scenario: I DO check my mirrors throughout the whole meneuver, and notice him swing around and try to pass. HOWEVER, I can't do anything because another guy just took the hole I vacated and now I can't get back. Now what?

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Rainy D.'s Comment
member avatar

Was looking and here I'd a good site that explains the different regress of liability. Remember CA is a "pure comparative liability" state

liability determination

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