I Got Into A T Bone Car Accident On A 2 Way Intersection In My Personal Vehicle

Topic 26496 | Page 1

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UncertainSandofTime's Comment
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I got T Bonned by a car when I was making a left turn and If I am convicted at fault for that fault, If convicted of that fault Will there be any Trucking Companies out there to accept me because this is my first Accident I ever had and I might be at fault for failing to yield and I was the only one sent to hospital no broken bones just scars from broken Driver side Window. The investigation just started on Friday 9/6/2019 and If I am at fault for making that turn, Is there Company out there to accept me.

HOS:

Hours Of Service

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

Good chance, if you are found at fault for failing to yield the right of way, that many companies won’t touch you for a time.

Might be a year or several. It was definitely a bone headed mistake. One that companies will see as demonstrating a lack of situational awareness and safety conscious driving.

In a semi truck pulling such a move would of ended up with you being fine and the car hitting you most likely having a white sheet draped over the people inside. Think about that!! When you mess up in a semi truck, things tend to get destroyed and good chance people die.

Bobcat_Bob's Comment
member avatar

I agree this will be a huge problem when it comes to finding a job. Do everything you can to fight it, if it goes on your record you may have to wait 3-5 years with no other accidents or tickets for most companies to even consider you.

Rick S.'s Comment
member avatar

Fight the ticket - FIGHT EVERY TICKET.

It's worth the couple of hundred to try and beat it, or get the conviction nullified.

I had a similar accident 10 years ago. And all the witnesses told the investigator that the guy that hit me was speeding - like as in - took him 100 yards to come to a stop after the point of impact.

Cop was sad he had to write a ticket, but told me not to worry - because since HE DIDN'T WITNESS THE ACCIDENT, HE COULDN'T TESTIFY TO IT. Case Dismissed. My insurance company accepted liability, but I didn't have a conviction on my record.

If this JUST HAPPENED - then you might have to wait at least a year, until a "major company" will accept you for training. But APPLY ANYWAYS - because you never know. And the companies you're interested in will tell you for sure, how long you have to wait until they will accept you.

AND FIGHT THE TICKET. When you say "the investigation started on ..." - does that mean you were NOT CITED?

Typically - the car making the turn into traffic, is going to be the one at fault in ALL CASES (except for some extreme extenuating circumstances). And your insurance is likely to accept liability for it (based on the basic fact of failure to yield).

I had another one a few years ago - where a pedestrian ran out in front of me. Turned out the cops and EMT's knew the guy. Local drunk homeless guy that liked running in front of cars (he had done it previously). I was NOT CITED, and the investigation found HIM AT FAULT. Ambulance chasing vulture sued me anyways. My insurance company knew I wasn't at fault, but settled because it was cheaper to settle than litigate. I REFUSED TO SIGN OFF on the settlement, until I got a letter from underwriting stating I WAS NOT AT FAULT and they settled as a matter of business decision and not acceptance of liability.

Best of luck to you - let us know how things turn out.

Rick

PJ's Comment
member avatar

I’m either confused or missing something. You say you were making a left turn and got t-boned. You say you may be at fault for failure to yield. You don’t describe the scene. IF you were lawfully within an intersection to make a left and got hit on the right side then the car that hit you would be at fault. IF you were turning left across traffic lanes and got hit by a vehicle that was too close then yes you will be at fault without some very special circumstances on the part of the other driver.

Rick S.'s Comment
member avatar

I’m either confused or missing something. You say you were making a left turn and got t-boned. You say you may be at fault for failure to yield. You don’t describe the scene. IF you were lawfully within an intersection to make a left and got hit on the right side then the car that hit you would be at fault. IF you were turning left across traffic lanes and got hit by a vehicle that was too close then yes you will be at fault without some very special circumstances on the part of the other driver.

Hmmmm. Pretty much an accepted principle of law - that lanes of traffic going straight have right of way over traffic turning across those lanes. With very few exceptions, if you turn into (accross) oncoming lanes and are struck - you failed to FTYROW. Doesn't really matter if they are "too close" or not.

In my accident that I described - the car I turned in front of, was far enough away to have safely executed the turn, had he not been doing 60 in a 35. While that is an extenuating factor - the fact that HE was speeding, still doesn't relieve me of the obligation to yield. My insurance company still found me liable, despite the fact that the cop couldn't testify (because he didn't witness it) and witnesses (including a Country Rescue Ambulance driver) all told the cop the other guy was speeding (like REALLY SPEEDING). Because regardless of the circumstances, I was still obligated to allow the traffic to pass.

So you can be lawfully in an intersection executing a turn, and you STILL MUST YIELD to oncoming traffic.

All sorts of weirdness - but the law is the law.

I had another (similar but different) incident, where I turned across lanes on a motorcycle, going into a gravel parking lot - where I had to slow WAY DOWN before entering the parking lot (or risk dumping a heavy ElectraGlide in the gravel) . Woman in an SUV slowed down, but the guy behind her didn't and hit her from behind (and the guy behind him did too - 3 car accident). Cop tried to tell ME, I was at fault. Now how am I at fault, when the car that struck her was following to closely and didn't slow down in time to stop from hitting her? Another common principal of law - the guy who rear-ends a vehicle is almost always at fault (absent something stupid like being brake checked for no reason). I got a ticket for some really off-point statute that had nothing to do with an accident - got it thrown out myself (was so easy, I didn't bother with hiring a ticket lawyer). Had he written me for FTYROW, it might have flown (except for the fact that the cop couldn't testify). When the womans insurance company called me, I laughed at them - told them to go chase the guy that rear-ended her, I had nothing to do with that.

Either way - if you turn into/across oncoming lanes of traffic - you pretty much own negative outcomes.

What we'll probably see/hear of with trucks - is the guy that lead into the intersection and started to execute his turn as the light went to yellow - and some other guy in the oncoming lanes guns it to beat the light and nails the trailer. This likely happens a lot, especially intersections without a green arrow for the left turn lane. Once a truck commits to the turn and enters the oncoming lanes, he's gotta complete the turn - but if someone hits him (despite the fact that you can't miss seeing a frikking rig with a 53' trailer), he will still likely be found at fault.

Rick

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OWI:

Operating While Intoxicated

Ralph D.'s Comment
member avatar

Rick,

It has been a few years since I got a ticket but the amounts were so low that I have just paid them and didn't give it a second thought. I know you have many times recommended to fight any traffic ticket. Is that only to keep it off your record as a CDL holder or because it was still cheaper for you to hire someone and fight it?

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.
Rick S.'s Comment
member avatar

Rick,

It has been a few years since I got a ticket but the amounts were so low that I have just paid them and didn't give it a second thought. I know you have many times recommended to fight any traffic ticket. Is that only to keep it off your record as a CDL holder or because it was still cheaper for you to hire someone and fight it?

Both.

For your license - it's still less expensive with insurance increases related to traffic citations (which can stay on a number of years) to pay a ticket attorney. The ones down here average $100. I had the best one (who died a few years ago). 11/12 dismissals, 1 adjudication withheld.

With a CDL, you can't just take the "elect driving school" option, it's against regs.

As a CDL holder, it becomes obviously even more important, as your license is your livelihood - and could make the difference between a hire or not.

I've really calmed my driving down a bunch since I got my CDL - even with a ticket attorney I can use. Makes me a safer more aware driver.

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.
UncertainSandofTime's Comment
member avatar

Your right, I should think about it more and this is like my first accident ever with a regular driver license . I will work on situational awareness more and hope within 2-3 years I be able to apply at the 2nd chance companies

Good chance, if you are found at fault for failing to yield the right of way, that many companies won’t touch you for a time.

Might be a year or several. It was definitely a bone headed mistake. One that companies will see as demonstrating a lack of situational awareness and safety conscious driving.

In a semi truck pulling such a move would of ended up with you being fine and the car hitting you most likely having a white sheet draped over the people inside. Think about that!! When you mess up in a semi truck, things tend to get destroyed and good chance people die.

UncertainSandofTime's Comment
member avatar

I will do that and attend traffic school if its an option they give me. I know Swift, Werner, Western express, Us trucking, Cr England check within the last 3 years, do you know any Companies that checks within the 3 years except for the 4 I listed.

I agree this will be a huge problem when it comes to finding a job. Do everything you can to fight it, if it goes on your record you may have to wait 3-5 years with no other accidents or tickets for most companies to even consider you.

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