So this happened last night

[kakashi169]

I just washed my car and I came out from the gas station. I was on the right lane that was exit right only. So I merged into the middle lane. My car was at an angle and it was a red light. I was stationed in front a freight truck for a minute more or less. When it turned green, we both accelerated and he hit me.

This was the aftermath.

https://farm6.staticflickr.com/5612/15309548939_5660e5efee_c.jpg

https://farm6.staticflickr.com/5603/15309884887_c9efc24d31_c.jpg

I am really hoping its not my fault.

Your thoughts on this?
Thanks.

[johnrando]

Ouch. Hard for me to tell from that. One one hand, you were at an angle, were you still completely in your lane? On the other hand, if you were there that long, he clearly could have seen/avoided you. But, if you weren't in your lane, that could be an issue. Sometimes these things are "no-fault". I don't know if trucking companies tend to just settle these things and get them over with or if they fight. Just some things to consider. Sorry not to be much help. Whatever happens, hope it works out for you.

[fredo]

I believe if you were hit from behind, you are not at fault. Plain and simple.

[slater]

bummer. like john asked, were you totally in your lane? (the middle lane)

it's hard to tell. however, john is right about trucking companies settling - if they get into accidents and those accidents are reported, their insurance goes up BIGTIME (here in canada at least). if the police are involved, then you are at their mercy as to how the rule it. are the police involved yet?

peter

EDIT - looked at the pics again, looks like the impact was mostly from behind, right on the corner, and the rear quarter panel buckled. if that is the case then it is likely his fault. are the police involved yet?

[kakashi169]

Ouch. Hard for me to tell from that. One one hand, you were at an angle, were you still completely in your lane? On the other hand, if you were there that long, he clearly could have seen/avoided you. But, if you weren't in your lane, that could be an issue. Sometimes these things are "no-fault". I don't know if trucking companies tend to just settle these things and get them over with or if they fight. Just some things to consider. Sorry not to be much help. Whatever happens, hope it works out for you.

Its tricky, I have been getting mixed answers. The majority of my car was already parked in the lane that I was merged onto. He clearly didn't see me because his truck was so damn tall.


I believe if you were hit from behind, you are not at fault. Plain and simple.

I believe that too but this is leaning towards the left rear side.

[theothersawyer]

Damn that sucks, sorry to hear about this and hope it all goes your way!

[kakashi169]

bummer. like john asked, were you totally in your lane? (the middle lane)

it's hard to tell. however, john is right about trucking companies settling - if they get into accidents and those accidents are reported, their insurance goes up BIGTIME (here in canada at least). if the police are involved, then you are at their mercy as to how the rule it. are the police involved yet?

peter

EDIT - looked at the pics again, looks like the impact was mostly from behind, right on the corner, and the rear quarter panel buckled. if that is the case then it is likely his fault. are the police involved yet?

It has been reported to the collusion centre already and I am in Canada. I am hoping that I am not at fault.

Basically, my car was in the lane and I was just trying to straighten it out when it was green and I got hit. The adjuster is in the process of contacting the other party's insurance to get there story.

[johnrando]

Do you want me to move this to members only or "off topic" chat, as this thread is public?

[kakashi169]

Do you want me to move this to members only or "off topic" chat, as this thread is public?

I don't have a preference. I just need the family's opinion on this matter. =)

[johnrando]

OK, I'll just leave it here for now then.

[3ZHP]

I hate when that happens. It doesn't matter if you were in your lane or not, no one is in the right hitting you or any other solid object in the roadway.

I believe its failure to control on the other party.


Sent from my iPhone using Tapatalk

[johnrando]

It would be nice if that was the truth Guy, but unfortunately there's the law, reality, and what can be proved. If you move into my lane and I hit you, even if "I can control my car", you would be at fault. The only time is almost always the other person's fault is being rear-ended (unless it's one of those insurance scams that have been found out where they get rear-ended on purpose).

[slater]

It has been reported to the collusion centre already and I am in Canada. I am hoping that I am not at fault.

Basically, my car was in the lane and I was just trying to straighten it out when it was green and I got hit. The adjuster is in the process of contacting the other party's insurance to get there story.

oh, i know you're in canada, that's why i made that comment. :)

i hope it all works out well for you in the end!

peter

[NoVAphotog]

I just washed my car and I came out from the gas station. I was on the right lane that was exit right only. So I merged into the middle lane. My car was at an angle and it was a red light. I was stationed in front a freight truck for a minute more or less. When it turned green, we both accelerated and he hit me.

This was the aftermath.

https://farm6.staticflickr.com/5612/15309548939_5660e5efee_c.jpg

https://farm6.staticflickr.com/5603/15309884887_c9efc24d31_c.jpg

I am really hoping its not my fault.

Your thoughts on this?
Thanks.
Been a bad week for zhps...owned by Daniels... :(

I would think it would have to do with who didn't see the other person, or should have in the eyes of the mounties. In this case, the truck.

[az3579]

If he hit you while you were stationary, from an insurance company's perspective, you are not at fault.
I worked with an insurance adjuster once (in her former life, at least) and she told me that if there is a car in the middle of the road, stationary, and it gets hit, it is NOT their fault. It would be considered an "obstacle in the roadway" that the driver failed to maneuver around or stop for. I don't know how it works in Canada, but here they would pay a lot of attention to that detail. Of course I'm sure there are exceptions (such as someone just randomly driving out right in front of you and stopping - no way they're not at fault for that).

If you were moving, however, all bets are off; who knows who's at fault without an investigation.

In your scenario, the trucker is in a difficult position. He cannot see directly in front of his truck's nose; it's a known blind spot. At the same time, if he was approaching while you were pulling out, he should have seen you. The same goes for if you pulled out in front of him; he should have seen you from a side view. I would probably go with "the truck driver wasn't paying full attention". Since it's at a stop light, it is possible he was on his phone, or otherwise fiddling with something else he didn't want to mess with while he was moving.

[johnrando]

Yeah, but he said it happened when they both accelerated when the light turned green, so....?

[slater]

+1, BP... that is all right on the money! all valid points.

peter

[az3579]

Yeah, but he said it happened when they both accelerated when the light turned green, so....?

Oops, I missed that. :(

[kakashi169]

Thanks for the feedback guys.

I don't know how he didn't see me. We were stopped on the red for a good minute or more. When it hit green. He hit me. Thats what happened.

Now, I just have to wait for the adjuster to call me after they get the statement from the other party.

FYI his truck is not even damaged. His metal bumper just has my paint on it. So I don't even know what he's going to claim for his truck.

[Dave1027]

Going by your description, definately the trucker's fault. In this case it does not matter that you were at an angle. They trucker simply screwed up or rammed you on purpose.

[Vas]

Man sorry to hear. Good luck on the repairs.

[danewilson77]

It's is the drivers fault who was "behind".

No flame suit required!

[mLuMaN83]

Boy...

You should be fine as far as fault.

[kakashi169]

I hope so.

I have been getting mixed answers because they said I was merging/cutting in.

But after I merged. I stopped there for a good minute like I stated before while the traffic light was red. My car was at an angle because I needed the green to straighten it out.

Anyways, I am just a bit peeved from this. Now I need to get the car repainted. Long process.

Thanks for reading this.

[Johnmadd]

Going by your description, definately the trucker's fault. In this case it does not matter that you were at an angle. They trucker simply screwed up or rammed you on purpose.

On purpose sounds about right.

[wsmeyer]

I just washed my car and I came out from the gas station. I was on the right lane that was exit right only. So I merged into the middle lane. My car was at an angle and it was a red light. I was stationed in front a freight truck for a minute more or less. When it turned green, we both accelerated and he hit me.

I am really hoping its not my fault.

Your thoughts on this?
Thanks.

Really sorry this happened to you and the car but at least no one was hurt.

The rules will be different in different states / countries but there's potentially a few problems for you based on my interpretation of what you said.

1. When you turned right out of the gas station you said the first lane was a right turn lane. In most places the line separating the turn lane and the straight lanes turns solid at least 100 feet before the intersection and at that point it would be illegal to merge from the turn lane to the straight lanes.

2. You mentioned your car being at an angle. You're not allowed to merge into a lane if there isn't room for you to do so safely and completely.

Look at it from the truck drivers point of view. He was doing the responsible thing by leaving plenty of room in front of him because he knows he can't see and then someone (you) squeezes in there. Is that legal? I have no idea but it's not a very prudent thing to do.

Sadly I think getting the police and insurance involved was a bad move. As others have pointed out it's a huge deal for professional drivers to get in accidents and generally if there's any chance they might be found at fault they'll just pay out of pocket. Now they really don't have anything to lose by fighting it and trying to get it determined at least partially your fault.

[PdZHP]

+1 wsmeyer

[az3579]

Good points.

[tkundhi]

Sorry to hear about this accident. I tend to agree with wsmeyer. And based upon the statements I've read I don't see this as the truck's fault. He was sitting at the light and you placed your car in his blind spot. Had traffic been moving the accident would have occurred immediately. When the light turned green tuck moved expecting the space to still be available.

Most people don't realize the limited visibility from within trucks. At our Street Survival programs we bring out a truck, park cars around it and have then have students get in the cab. They are shocked at what they can and can not see.

I hope it all works out for the OP. Thankfully this was a low speed event and no one was hurt.


Sent from my iPhone using Tapatalk

[BavarianZHP]

Sorry about the bad situation, but I hope you get the most out of insurance and no ding on your record. I'm always weary of trucks, they do have large blind spots that need to be respected. They also tend to leave tons of space in front of them as they have to shift through like 18 gears and it's a pain to keep stopping and going.

[Avetiso]

Damn! Love this car. So sorry to see it get hit.

Daniel, best of luck to you, friend. Hope it all works out.

[kakashi169]

Really sorry this happened to you and the car but at least no one was hurt.

The rules will be different in different states / countries but there's potentially a few problems for you based on my interpretation of what you said.

1. When you turned right out of the gas station you said the first lane was a right turn lane. In most places the line separating the turn lane and the straight lanes turns solid at least 100 feet before the intersection and at that point it would be illegal to merge from the turn lane to the straight lanes.

2. You mentioned your car being at an angle. You're not allowed to merge into a lane if there isn't room for you to do so safely and completely.

Look at it from the truck drivers point of view. He was doing the responsible thing by leaving plenty of room in front of him because he knows he can't see and then someone (you) squeezes in there. Is that legal? I have no idea but it's not a very prudent thing to do.

Sadly I think getting the police and insurance involved was a bad move. As others have pointed out it's a huge deal for professional drivers to get in accidents and generally if there's any chance they might be found at fault they'll just pay out of pocket. Now they really don't have anything to lose by fighting it and trying to get it determined at least partially your fault.

Very valid points. I appreciate the fine researched rules on paper. I don't want to bore everyone here with all the little details from my end but its a good reminder for all of us to just drive safe out there.

I want to know what options I have if I am at fault. Can I ask for a re-evaluation? Can I sue? What actions can I take besides the obvious?

It is still not determined and the other party has not contacted their insurance just yet.