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

I'm with Bud on this one. We can say all we want what the truck driver could have, should have done. In the case of an accident, it doesn't matter what should have been done, it's an issue of who is legally at fault and in this video it's the driver of the Volkswagen.

Dragon wrote:

I'm with Bud on this one. We can say all we want what the truck driver could have, should have done. In the case of an accident, it doesn't matter what should have been done, it's an issue of who is legally at fault and in this video it's the driver of the Volkswagen.

Unfortunately there are a lot of "dead-right" drivers in situations like this. IMO? I'd rather err on the side of caution and not need to worry about sorting out fault after the fact.

Not necessarily. Every cdl manual states the needed following distance for a combo vehicle. This video proves he didn't have that distance. The drivers company insurance probably broke their neck to settle this one.

Mark time with the white lines in the center of the lanes, and try to decide if the driver sped up or not. I don't think so. He just wasn't going to have his toes stepped on by another 4 wheeler that day. Also, what is the legal safe following distance?

This is the thing I was trying to bring out here (for the most part - aside from seeing what actual drivers thought about this scenario).

As CMV drivers, we're going to get our toes stepped on 100's of times a day. Are we in THAT MUCH OF A RUSH, or that tired of getting our "toes stepped on" - that we are going to risk a serious crash?

Wouldn't the PROFESSIONAL THING TO DO - be to just lift off the fuel and let the VW in?

They were both at fault. And both made BONEHEADED MOVES.

One of the most IMPORTANT ASPECTS here - at least to your company's safety department - was the accident PREVENTABLE?

150% YES.

1 - After the first car passed - the driver failed to re-establish the following gap. 2 - He then accelerated to close the gap EVEN FURTHER, to prevent the VW from getting in front of him. 3 - It's not like the VW "swooped in" and cut into the lane - it was in front of him in the right lane, signalled, and started moving into the lane. 4 - At the point the VW realized the truck wasn't going to let him in, they should have backed off.

Remember - as a licensed CDL driver - if there's ANY BLAME on our part - WE are going to be painted as the VILLAINS.

It is typically not illegal to pass on the right on a multi-lane highway (interstate) in many states. The VW, aside from trying to do battle with 80,000 lbs of tractor - didn't "really" do anything wrong - until he realized there wasn't enough room to safely make the lane change. This was exacerbated by the truck following to closely, then accelerating to close the gap.

Rick

The idea that the VW did not swoop in and cut into the lane and didn't "really" do anything wrong is laughable. I agree with your main point though, the driver should have backed off and let the VW in. And while it is typically not illegal to pass on the right on a multi-lane highway (interstate) in many states, it MUST be safe to do so.

Not necessarily. Every cdl manual states the needed following distance for a combo vehicle. This video proves he didn't have that distance. The drivers company insurance probably broke their neck to settle this one.

If any insurance company was breaking their neck to settle this, it was the VW driver's company.

His following distance did not contribute to the collision. He did not hit a vehicle in front of him. He was hit by a vehicle turning into him.

If you look at the single frame posted earlier, the VW's nose is just barely in front of his nose. Just barely. And there's no room to safely complete the pass. No way the VW should have kept coming left. If you think it was avoidable when the car was alongside of (not in front of) the truck when he moved into the truck's lane, I don't know what to say.

Maybe guyjax was at fault when a car drove into him.

This is why defense lawyers hate jury trials. This driver can't get a fair shake from a jury of truck drivers, for crying out loud. (Not that any plaintiff's attorney would let a truck driver onto this jury.)

Not necessarily. Every cdl manual states the needed following distance for a combo vehicle. This video proves he didn't have that distance. The drivers company insurance probably broke their neck to settle this one.

Except that in this case, following distance isn't the issue, he didn't hit the Nissan. Legally, the truck driver has no obligation to make room for the Volkswagen. The driver performing the pass is responsible for performing a safe pass which they clearly did not do.

Bud, I think you and I are the only ones addressing the liability issue here. Everyone else is so wrapped up in coulda, shoulda, woulda that they're ignoring who is legally at fault. While it can be said that as professionals we have to be more aware and sometimes make decisions for other drivers, we neglect the idea that other drivers are responsible for their own actions.

I'll ask everyone this question. Reverse the vehicle roles in this video and tell me who is legally at fault.

VW is at fault 100%.

JJ

Ok, if we are going by the letter of the law, then I'd say the vw is MOSTLY at fault, LEGALLY speaking because, yes, he did turn into the truck. You can even see, before the contact was made that it looked like the vw was trying to push the truck over and squeeze between him and the flatbed. He wasn't giving up.

The point at where the driver becomes at fault is when he recognizes this and does not attempt to avoid collision by slowing down.

The driver moves toward the shoulder before contact is made and does not seem to slow down. He maintains speed all the way up until the contact has been made, and THEN he slows down.

So as far as the letter of the law is concerned, both would be cited in this case. The vw for causing the accident, and the truck for not avoiding a preventable accident.

Sambo is still not going to cut the driver any slack. The driver is already on the shoulder and running out of room. He is already in the process of avoiding an accident before contact was made by running onto the shoulder. This is also a very narrow shoulder with a high tension cable barrier only a few feet from the edge of the shoulder. There is very often a dropoff where the shoulder ends and the grass begins that could well cause the driver to then hit the barrier. This barrier will redirect any vehicle hitting it back onto the roadway. If he had hit that barrier the VW may well have been squished between driver and flatbed. The only thing the VW did right was use a turn signal.