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#1
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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
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>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
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>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
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Your story sounds so unfair to you, i have to believe you're making this up.
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#5
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Your story sounds so unfair to you, i have to believe you're making this up.
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