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Truck accident... bizarre legalities...



 
 
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  #1  
Old December 5th 04, 07:12 PM
Goo
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Default Truck accident... bizarre legalities...

Hi. Looking for some perspective....

This accident took place in Canada last month, if this makes a
difference to the legalities of the question.

I was driving home at night on a country highway with only one lane of
traffic for each direction.

As I approached a stop sign where the highway ends (with the option of
turning left or right) there was a semi-transport that was idle, but
engine running, facing the same direction I was, but in the opposite
lane of traffic.

The drive of the truck had no hazards flashing or turn signals.

I stopped behind truck's position (even though he was in the parallel
lane to me... not directly in front of me) waiting to see what he was
going to do or if he was going to turn back into his proper lane of
traffic.

He did nothing. So I proceeded the remaining 30 meters or so to the
stop sign.

As I was about to turn left, but still stopped in front of the sign,
he drove his truck right in the drivers side of my vehicle.

This crushed in my door and pushed the car forward/right a few meters.

Because it was an extremely low impact, there was no injuries. He
stopped his truck immediately.

He got out and the first thing he said was "I didn't see you."

He claims he was turning back into the proper lane to make a left hand
turn as well.

Now I understand truck need to make wide turns, but since he was
turning left, there was no reason for him to be in the OPPOSITE lane
of traffic in the first place.

We contacted the police and a very young officer arrived immediately
to take our statements.

Meanwhile, my spouse arrived on scene and began taking dozens of
photographs of the accident (both vehicles remained in their resting
position at the time of the collision).

The officer immediately told me it was my fault and that I "illegally
passed on the right".

I explained clearly that:

-the driver had no signals on
-the driver was totally in the opposite lane of oncoming traffic
facing the same direction as my lane of traffic
-the driver didn't see me behind him, beside him or in front of him
-the driver hit my vehicle.... which was completely stationary
-I did not leave my lane, drive on a shoulder, etc.

But the officer was insistent and said he'd contact me pending a
charge.

Meanwhile, the next day I met with the insurance adjuster (SGI...
public insurance) and handed over copies of the photos.

Her preliminary finding was that I was not at fault but she said it's
difficult in cases where a truck driver is involved because they have
"special rights on the road".

Although these "rights" were not explained to me and they did not
appear to be documented anywhere.

It took 4 weeks to get a final ruling from the adjuster (!) which
ended up being the finding that I was at fault for the accident for
"illegally passing on the right".

So now we are about to get a laywer, but are seeking opinions and
advice on this matter which seems cut and dried from our perspective,
obviously.

If these truck drivers have "rights".... fine... but what are their
"responsibilities" ???

It's outlined in any driver's handbook for auto drivers to stay clear
of blind zones of truck drivers. Yes. But for how long? The
truck driver should not be signalling?

Are we to assume he's going to drive? Take a nap? Is he having
engine trouble?

Do there rights allow them to be in the opposite lane of traffic to
make a left hand turn??? (that would be a tighter turn!) .... do their
rights allow them to hit stationary objects without penalty? Do
their rights allow them to be unaware of any traffic around them?

This incident is a little like living in a bizarro world where normal
rules don't apply.

Does anyone have advice on this.... are there existing precidents...
exisiting traffic laws?

Thanks in advance.
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  #2  
Old December 6th 04, 05:56 AM
truckinsp
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Default

>Hi. Looking for some perspective....

>This accident took place in Canada last month, if this makes a
>difference to the legalities of the question.


rest snipped.....

How many different groups are you going to post this on???? Maybe you'll
get someone to agree with you???? Again, I'd like to hear the REAL story
since both the police officer and the insurance company seem to think you
are at fault.....


  #3  
Old December 6th 04, 05:56 AM
truckinsp
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Posts: n/a
Default

>Hi. Looking for some perspective....

>This accident took place in Canada last month, if this makes a
>difference to the legalities of the question.


rest snipped.....

How many different groups are you going to post this on???? Maybe you'll
get someone to agree with you???? Again, I'd like to hear the REAL story
since both the police officer and the insurance company seem to think you
are at fault.....


  #4  
Old December 6th 04, 06:06 AM
Laura Bush murdered her boy friend
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Default

Your story sounds so unfair to you, i have to believe you're making this up.
  #5  
Old December 6th 04, 06:06 AM
Laura Bush murdered her boy friend
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Default

Your story sounds so unfair to you, i have to believe you're making this up.
 




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