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

Topic 16643 | Page 5

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Robert B. (The Dragon) ye's Comment
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I'm still trying to figure out what the driver of the truck could be cited for. I've never heard of a ticket being issued for not avoiding the wreck. We all agree that he should have just slowed down even though there is no legal obligation for him to do so being that he had the right of way. If nothing else, he should be given at least a little credit for keeping it straight and in his lane.

Robert B. (The Dragon) ye's Comment
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I'm still trying to figure out what the driver of the truck could be cited for. I've never heard of a ticket being issued for not avoiding the wreck. We all agree that he should have just slowed down even though there is no legal obligation for him to do so being that he had the right of way. If nothing else, he should be given at least a little credit for keeping it straight and in his lane.

Sam the Wrestler's Comment
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I still say a judge/jury would find against the driver in a civil suit. And all the driver had to do was hit the brakes to avoid this. We see this everyday. We've been told to anticipate drivers doing what the VW did.

Bud A.'s Comment
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I still say a judge/jury would find against the driver in a civil suit. And all the driver had to do was hit the brakes to avoid this. We see this everyday. We've been told to anticipate drivers doing what the VW did.

I know a lawyer who would have no trouble winning this case for the truck driver. (Well, it might be real work in some venues with some jury pools, but I think he would believe it would be worth trying even in the People's Republic of Boulder.)

Being told what to anticipate doesn't mean the VW driver isn't at fault. I know some consider four-wheeler drivers to be irresponsible children that are underfoot and who can't be held responsible as though they are actually adults, but the law considers them accountable, even if the vehicle they choose to run into is a big truck and not another car.

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

EPU:

Electric Auxiliary Power Units

Electric APUs have started gaining acceptance. These electric APUs use battery packs instead of the diesel engine on traditional APUs as a source of power. The APU's battery pack is charged when the truck is in motion. When the truck is idle, the stored energy in the battery pack is then used to power an air conditioner, heater, and other devices

Bud A.'s Comment
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Although we did lose a case in Boulder where we represented a golf course developer who was sued by a homeowner because golf balls kept coming into their yard and twice actually hit their house. Who would've anticipated that might happen when your yard is right next to the fareway 250 yards from the tee on Hole No. 8?

TWIC:

Transportation Worker Identification Credential

Truck drivers who regularly pick up from or deliver to the shipping ports will often be required to carry a TWIC card.

Your TWIC is a tamper-resistant biometric card which acts as both your identification in secure areas, as well as an indicator of you having passed the necessary security clearance. TWIC cards are valid for five years. The issuance of TWIC cards is overseen by the Transportation Security Administration and the Department of Homeland Security.

Sambo's Comment
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I'm still trying to figure out what the driver of the truck could be cited for. I've never heard of a ticket being issued for not avoiding the wreck. We all agree that he should have just slowed down even though there is no legal obligation for him to do so being that he had the right of way. If nothing else, he should be given at least a little credit for keeping it straight and in his lane.

If a car stops in the lane of traffic you are travelling in, far enough ahead that you could have stopped, but you choose not to and run into that car, who is at fault?

This is about the same scenario. The truck driver knew there was trouble but chose not to react in a way that would have been defensive and avoid the accident. Had he immediately slowed down once the vw started into his lane, then it would be a totally different story, but, from watching the video, unless I'm just not seeing it right, even when the truck moved over to the shoulder, he maintained his speed. It wasn't til the vw actually made contact that the truck began to slow.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OOS:

When a violation by either a driver or company is confirmed, an out-of-service order removes either the driver or the vehicle from the roadway until the violation is corrected.

Robert B. (The Dragon) ye's Comment
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I need to go read guyjax story to see what happened in his. Sambo, you're right about a vehicle traveling in your lane, you wouldn't have left proper stopping distance but this just isn't the case here. The Volkswagen driver owns sole responsibility for completing a safe pass, which they clearly failed to do.

Robert B. (The Dragon) ye's Comment
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Check out insurancehotline.com and scroll down to the example of vehicles traveling in the same direction. Example #4 addresses this particular accident. If vehicle B(Volkswagen) is changing lanes and contacts vehicle A (the semi) vehicle A is not at fault and vehicle B is 100% at fault.

Sambo's Comment
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Believe me when I tell you, I'm not siding with the vw here. I think people driving 4 wheelers are horrible in how they drive around trucks. I also know that trucks usually get the short end of the stick when it comes to things like this.

I do, however recognize a situation like this as being one that could have been prevented with just a little caution on part of the truck. Yes, we know the vw pressed the issue, I'm not arguing that. I just think the truck should have used better judgment and taken himself out of that situation.

Robert B. (The Dragon) ye's Comment
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Here you go. Screenshot_20161016-204430.png

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