Truck Versus Car Incident - Who Was Wrong, & Could It Have Been Avoided?

Topic 16643 | Page 1

Page 1 of 8 Next Page Go To Page:
Rick S.'s Comment
member avatar

Having a little debate in a non-trucking FB group (gun group - LOL) where I'm the only CDL holder.

Truck Versus Car: Who Was At Fault?

A truck and a car get in a battle over space on the highway and neither decides to back down.

While the woman driving the VW might be somewhat in the wrong (and an a$$hat for trying to sneak in) - the trucker saw her and obviously accelerated to close the gap.

Somehow - this guy probably feels his dashcam vindicates him in this accident.

I say he drove aggressively and was at least 50% (or more) responsible - when he could have just backed off and let her in.

Being that the trucker pretty much always gets blamed anyways - had the occupant of the VW been seriously injured/died - this video would probably have landed the trucker in prison.

What say ya'll?

Rick

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.
Brett Aquila's Comment
member avatar
Best Answer!

Sorry I'm a bit late to the party here.

First of all I have no interest in debating who is legally responsible for what. Makes no difference to me. The accident never should have happened in the first place and the truck driver could have prevented the entire thing if he would have been handling his rig like a professional. That's all I care about.

When it comes to the way you handle your rig, a driver is not to be judged relative to all other drivers on the road. A truck driver is to be judged based upon his or her driving standards alone, regardless of what anyone else out there is doing. In other words, just because other people are doing stupid things doesn't make it ok for you to do stupid things. As a professional you're expected to rise above the level of the amateurs around you, not sink to their level.

Handling your rig like a professional means you're making far more informed and disciplined decisions than most people would make. You're more aware of your surroundings, you're taking defensive driving precautions above and beyond what most people would feel is necessary, and you're ready for anything at all times.

The moment this video started the truck driver was in the wrong for following way too closely. I hated to even waste a minute of my life watching the rest of it because I immediately knew who was going to be in the wrong. Then he's blabbing away on the phone and you guys heard him say, "She doesn't realize I've got this on camera. " To me, that's terrifying because he clearly believes he was handling his rig properly and is going to be vindicated by the video. It's like following distance isn't even a concern in this guy's mind. The fact that he was 20 feet off the bumper of the four wheeler ahead of him at about 70 mph doesn't even cross his mind. In my mind following distance is the most important thing when it comes to operating safely out there and to this guy it doesn't even matter.

I'm telling you guys, at some point the trucking companies and insurance companies are going to say enough is enough. They're going to put cameras in every single rig on the road and they're going to use the collision avoidance system to trigger the dash cam when you're following too closely to the vehicle ahead of you. That's going to put a stop to a lot of this tailgating.

So in my mind the truck driver was 100% at fault for this entire thing. I couldn't care less what anyone else on the road was doing or who was technically at fault legally. If a real professional had been driving that rig there wouldn't have been an interesting video to watch in the first place.

OWI:

Operating While Intoxicated

Rick S.'s Comment
member avatar
Great Answer!

Thanks Brett.

Exactly the point myself and a few other long-timers here were trying to make.

We ALL agree the VW driver was an azz. We just don't all seem to agree that the truck driver was just as much of one - and this accident was 150% PREVENTABLE. This is not like GuyJax's - where the vehicle flew across 3 lanes and there was no avoiding it.

And what surprises me here - and part of the reason I started this discussion - was to gauge the ATTITUDE AND PERCEPTION of the members here. And some of you guys, I'm just really shocked at how some of you perceived this. I expected the weird responses from the FB Gun Forum that I saw this posted in originally - they've never driven an 18 wheeler. Some of the stuff posted here have me sadly disappointed.

"Following Too Closely" is considered a serious/major offense when operating a CMV - and accidents like this are the reason why.

4 wheelers (especially ones that have never driven an 18 wheeler) are going to do stupid stuff. They have no idea that we take over a 200' to stop at highway speeds (in ideal conditions). They have no idea that a quick whip of the steering wheel (to avoid a dog/deer/etc.) can jackknife or roll a rig. They drive around figuring that everyone can maneuver as rapidly as they do. And we're not even talking about the real idiots that try and go up against a rig - looking for a payday (like brake checking a rig).

Rule of thumb on following distance is "to allow enough room for other vehicles to pass" - basic rule - without getting into "seconds per foot of vehicle. 70' rig over 40 mph - this guy should have had at least 8 seconds of following distance. He had pretty much the correct distance, before the first car passed. Didn't open the gap back up when he got passed (Basic Defensive Driving), and closed it even further to PREVENT BEING PASSED.

If we're going to drive around, figuring that we're the big boys and we can command the lane and not let those pesky little VW's get in front of us - one of us is going to end up in an accident similar to this one.

And if he had (God forbid) rolled this car, or killed the driver/occupants - based on the following too closely (and aggressively accelerating to block the other car off) - he would have been looking at VEHICULAR HOMICIDE CHARGES.

Rick

SAP:

Substance Abuse Professional

The Substance Abuse Professional (SAP) is a person who evaluates employees who have violated a DOT drug and alcohol program regulation and makes recommendations concerning education, treatment, follow-up testing, and aftercare.

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

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OWI:

Operating While Intoxicated

Kurt G.'s Comment
member avatar

Oh, yeah, it looks to me like the truck was 100% at fault. Car was close, but was clear and half in the lane before he sped up.

Kat's Comment
member avatar

I agree. Truck should have backed off.

Robert B. (The Dragon) ye's Comment
member avatar

The truck didn't speed up, she's applying the brakes as she changes lanes

Sambo's Comment
member avatar

Truck at fault 100%. If you'll notice, the truck did speed up to close the gap. If you look at the vehicles in front of the truck, you'll notice that he maintains distance to them until the vw starts to put on their blinker, then you see the gap start closing. While it is possible the vehicles in front could have lifted off the accelerator, you don't see any brake lights, I'm going to assume the truck sped up.

Also, you see the truck move to the shoulder when he sees the vw merging into his lane. He clearly didn't lift when he could have. This is a preventable on behalf of the truck.

Also I like how the title of this video says a "blonde" is driving the vw when we have no indication of anything about the driver lol.

Rick S.'s Comment
member avatar

Truck at fault 100%. If you'll notice, the truck did speed up to close the gap. If you look at the vehicles in front of the truck, you'll notice that he maintains distance to them until the vw starts to put on their blinker, then you see the gap start closing. While it is possible the vehicles in front could have lifted off the accelerator, you don't see any brake lights, I'm going to assume the truck sped up.

Also, you see the truck move to the shoulder when he sees the vw merging into his lane. He clearly didn't lift when he could have. This is a preventable on behalf of the truck.

Also I like how the title of this video says a "blonde" is driving the vw when we have no indication of anything about the driver lol.

Actually - you can see the grey car that passed first, try and SPEED UP to make room for the VW. Also sounds like the guy is on his phone, and could have been distracted.

Drivers field of view is going to be pretty much the same as his cam - so he DID SEE the VW and could have lifted to let them in.

Rick

Robert B. (The Dragon) ye's Comment
member avatar

I'll agree that the truck was at fault. I'll play Devils advocate in regards to his field of view though. His dash cam is on the top right area of his window and from the driver seat, it's possible he didn't see the turn signal. (Hard to say since we weren't the ones driving). I'm curious as to what the driver of the vee dub was doing though because they keep going left as he's clearly next to them and driving off the shoulder. It's one of those best left up to the insurance companies.

HOS:

Hours Of Service

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

I'd say site them both for failure to yield! Both of them had plenty of opportunity to yield to the other. Either one could of prevented this.

Bill F.'s Comment
member avatar

Hard to say. The driver was following too closely on a different 4 wheeler already and should have backed off to let her in, knowing he was probably going to be blamed for most situations (preventable). The 4 wheeler was cutting off the driver and failing to yield right of way to the driver and jumping in a hole way too small for her vehicle (aggressive/reckless driving). In a fair world the 4 wheeler should be held responsible for this and the driver warned against getting into future situations like this.

OWI:

Operating While Intoxicated

Farmerbob1's Comment
member avatar

Truck Versus Car

Having a little debate in a non-trucking FB group (gun group - LOL) where I'm the only CDL holder.

While the woman driving the VW might be somewhat in the wrong (and an a$$hat for trying to sneak in) - the trucker saw her and obviously accelerated to close the gap.

Somehow - this guy probably feels his dashcam vindicates him in this accident.

I say he drove aggressively and was at least 50% (or more) responsible - when he could have just backed off and let her in.

Being that the trucker pretty much always gets blamed anyways - had the occupant of the VW been seriously injured/died - this video would probably have landed the trucker in prison.

What say ya'll?

Rick

The trucker is entirely at fault. Not enough following distance. If he had maintained proper following distance, there would have been no accident.

It doesn't matter what the driver of the car did. He's the professional driver, and he failed to be professional, allowing a situation to occur where someone could have very easily died.

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.

OWI:

Operating While Intoxicated

Page 1 of 8 Next Page Go To Page:

New Reply:

New! Check out our help videos for a better understanding of our forum features

Bold
Italic
Underline
Quote
Photo
Link
Smiley
Links On TruckingTruth


example: TruckingTruth Homepage



example: https://www.truckingtruth.com
Submit
Cancel
Upload New Photo
Please enter a caption of one sentence or less:

Click on any of the buttons below to insert a link to that section of TruckingTruth:

Getting Started In Trucking High Road Training Program Company-Sponsored Training Programs Apply For Company-Sponsored Training Truck Driver's Career Guide Choosing A School Choosing A Company Truck Driving Schools Truck Driving Jobs Apply For Truck Driving Jobs DOT Physical Drug Testing Items To Pack Pre-Hire Letters CDL Practice Tests Trucking Company Reviews Brett's Book Leasing A Truck Pre-Trip Inspection Learn The Logbook Rules Sleep Apnea
Done
Done

0 characters so far - 5,500 maximum allowed.
Submit Preview

Preview:

Submit
Cancel

This topic has the following tags:

Driver Responsibilities Safe Driving Tips Understanding The Laws Videos
Click on any of the buttons above to view topics with that tag, or you can view a list of all forum tags here.

Join Us!

We have an awesome set of tools that will help you understand the trucking industry and prepare for a great start to your trucking career. Not only that, but everything we offer here at TruckingTruth is 100% free - no strings attached! Sign up now and get instant access to our member's section:
High Road Training Program Logo
  • The High Road Training Program
  • The High Road Article Series
  • The Friendliest Trucker's Forum Ever!
  • Email Updates When New Articles Are Posted

Apply For Paid CDL Training Through TruckingTruth

Did you know you can fill out one quick form here on TruckingTruth and apply to several companies at once for paid CDL training? Seriously! The application only takes one minute. You will speak with recruiters today. There is no obligation whatsoever. Learn more and apply here:

Apply For Paid CDL Training

About Us

TruckingTruth was founded by Brett Aquila (that's me!), a 15 year truck driving veteran, in January 2007. After 15 years on the road I wanted to help people understand the trucking industry and everything that came with the career and lifestyle of an over the road trucker. We'll help you make the right choices and prepare for a great start to your trucking career.

Read More

Becoming A Truck Driver

Becoming A Truck Driver is a dream we've all pondered at some point in our lives. We've all wondered if the adventure and challenges of life on the open road would suit us better than the ordinary day to day lives we've always known. At TruckingTruth we'll help you decide if trucking is right for you and help you get your career off to a great start.

Learn More