Did a favor- then my truck got wreaked

[lpearson]

A mutual friend was coming into to Denver Internation Airport on Tuesday morning. My friend Dan was suppose to pick her up, but called just before he was to go and said his Truck had just sprung a fuel leak---- and asked if he could borrow my truck or if I could go get her.



I wasn't wanting to go out since it had snowed all night and the roads were bad, but I didn't want to let our friend down, so I told him I would go.



I had a bad feeling when I started out, but went anyway, picked her up and headed back to her home.



Got to the huge mess called T-Rex on I-25 going southbound; and right at the Dry-Creek exit an 18 Wheeler with a trailer cuts me off and slams on his breaks.



I figure I had 4 seconds before I hit his trailer- wasnt' going very fast maybe 15-20 mph when I hit. My truck lost-- his loading ramp crushed the whole front of the truck-- didn't even hit the bumper.



Anyway, when the cop came to the scene he didn't interview me, but just gave me the ticket even after I protested about being cut off. He said the evidence is that you hit him so you get the ticket. I'm going to court to fight it.



Anyone out there had this kind of situation?

 

[gitchesum]

Unfortunatly, even with a lawyer, it'll be tough to beat. Been there done that.



Had a similar situation a few years ago. Might have just been the small parish it happened in but they wouldn't even reduce the ticket to a lesser violation.

 

[JohnE]

You've got the witness and make that fact very well know especially to the insurance companies.



Enough room for an 18 wheeler to cut you off probably meant you were leaving ample room for safe driving in the current conditions?

 

[fest3er]

Take a deep breath and relax. Then, in excruciating detail, state exactly what happened. Go to court, explain how you were driving, how you were using significant caution considering the conditions, and it was the truck driver who failed to use care and caution when he changed lanes. Show that, other than staying home which wasn't an option, you couldn't have done anything to avoid the collision.

Years back, I was driving on a 4-lane road in town just under the speed limit in my Formula 350. I saw a slow moving vehicle some distance ahead of me, signalled and moved to the left lane. When I was about 10 feet behind her, she 'leaped' into my lane and slowed down even more. I applied my brakes, the front wheels locked up and I slid right into her.

The official decision was that it was her fault.

N

 

[MMeier]

Lots of luck, usually the last one in line gets the blame.

 

[Steve M]

Sorry bout your bad luck... If you hit him perfectly square in the rear, you're probably not in a good position to fight it. If you hit him alittle to the right of perfectly square, you can argue that he was coming over as he was on the brakes. This can make a big difference in court. If he was sqarely in your lane when you hit him, he was established in the lane and you're at fault unfortunately. If he was still coming over when you hit him, he cut you off and violated your right of way. So if the left front of your truck hit the right rear of his, you should have a good defence. Good luck with it...

 

[jponder]

Once I was driving and not paying attention and i rearended a girl and it knocked her into the car in front of her well the stop was so sudden that the guy behind me rear ended me after I hit her. We all got out and the Police asked me what happened and I said I was slowing down and the guy behind me hit me and knocked me into the car ahead and they asked the guy behind me what happened and he said he didnt know and his insurance had to pay for all our cars. I guess I should feel bad about it seeing as it was really my fault I guess, on the other hand if that guy didnt know what happened then he was daydreaming too

 

[Doc Tinker]

I'm going to stay out front of you guys. That way any accident will be your fault



Doc

 

[lpearson]

Did you hire an attorney?

Thanks for the replys!!



Did any of you that went to court hire an attorney?



To answer a previous question. I hit him on the left side of his trailer, with the left side of my front end. He was merging from the right to the left and didn't have his truck/ trailer straightened out yet.



I have taken pictures to show this fact, as now the body shop has my truck. I only had liability--- so it's going to be expensive.



Thanks again,

Lowell

 

[Whiskey]

Don't ever admit that you were at fault, even the slightest.



If your right stick to it. . :-{}

Honesty will prevail.....



"never give up"



Whiskey

 

[Camara]

I am going through the same thing right now. In March of 2001 my backhoe was rear-ended by a MBTA bus in the City of Boston during a heavy snow storm while sitting at a red light. Totaled the bus and did $15,000 worth of damage to the boom of the machine. The bus driver said I had no tail lights. He was right, because in a John Deere when you turn on the "work lights" the tail lights go off. So instead of tail lights I had 2 spot & 2 flood lights facing the rear of the machine and a strobe light on the roof. Anyway I get the ticket, and the cops tow my machine. After an inspection the only thing wrong was an out of date inspection sticker. After many meetings with lawyers and all the repairs we are finally going to court this coming Tuesday. The State of Mass is paying for the repairs, towing and storage, loss of income and medical bills for the operator. Even after it is all done I still won't come out even because of all the time and money spent on lawyers and running around. It's the principal of the matter that counts. :-{}

 

[Vaughn MacKenzie]

lpearson I'm sorry to hear your story, really sucks to do a favor for someone and get screwed in the process.



I do have to ask you though since it seems you were in the left lane if you were actively passing the semi or just cruising in that lane. Anytime I'm in the left lane approaching a semi I always watch ahead to see what he's facing and am prepared to get out of his way should he need to take evasive action. I watch more closely if I'm going quite a bit faster than the trucks I'm overtaking, because I've had close calls when the semi I'm closing in on is also about to pass someone so I hit the brakes to let them over. It's a lot harder for them to slow down then try to recover speed so I always give them the lights and back off quick to let them over.



My cousin drives trucks and loathes those who are cruising in the left lane oblivious to what he faces and restricts his options when things get ugly ahead of him or to his right.



Not trying to criticize your driving but something to think about I guess.



Vaughn

 

[lpearson]

Originally posted by Vaughn MacKenzie

lpearson I'm sorry to hear your story, really sucks to do a favor for someone and get screwed in the process.



I do have to ask you though since it seems you were in the left lane if you were actively passing the semi or just cruising in that lane. Anytime I'm in the left lane approaching a semi I always watch ahead to see what he's facing and am prepared to get out of his way should he need to take evasive action. I watch more closely if I'm going quite a bit faster than the trucks I'm overtaking, because I've had close calls when the semi I'm closing in on is also about to pass someone so I hit the brakes to let them over. It's a lot harder for them to slow down then try to recover speed so I always give them the lights and back off quick to let them over.

Vaughn

Vaughn,

I was in the far right lane going about 45mph, the (simi) truck came over from a "Must Turn- Right Lane exit only. " I wasn't passing anyone; ----just trying to stay away from all the "crazies" in the left lanes which I thought were going to fast. (little did I know)



He didn't signal just came over "cut me off" and jammed on his brakes. To my right was now a concrete barrier, to the left was heavy traffic. No option in my mind.



Sorry for not explaining it better.



Lowell

 

[Vaughn MacKenzie]

Man you're really getting hosed then Lowell



I hope this works out one way or another. What sort of attitude did the truck driver have about this? Did he have an explaination why he suddenly veered over and cut you off?



Vaughn

 

[Rogue Ram]

The cop is an idiot..........

... ... ... ... I know, I've worked with those types for years. In my younger years when on "probation" as a rookie I had stuff like this jammed in my craw. Had to keep my mouth shut. The minute I was tenured, NO MORE. You can prove your case as stated above with pictures of where your vehicles hit each other. In addition, you need to state that there was "X" amount of room between the rig and your truck, and the rig and the vehicle in front of him when he squeezed in. Its called IMPROPER LANE CHANGE, among other things.



Draw diagrams, use the pics, take your witness with you, look up your State's "Improper Lane Change" rules, etc. , and make your case. You don't need an attorney.



On behalf of those of us who try not to give cops a bad name like this clown did " I apologize".



Take care



RR

 

[lpearson]

Originally posted by Vaughn MacKenzie

Man you're really getting hosed then Lowell



I hope this works out one way or another. What sort of attitude did the truck driver have about this? Did he have an explaination why he suddenly veered over and cut you off?



Vaughn

Vaughn,

When we were able to pull over he came out and met me and asked, "is everyone OK", I told him I thought so but didn't know. Then I said "When you cut me off I had no where to go.



He didn't deny or argue he just looked at me; I said I got to go and check on my wife.



I think he didn't know or wasn't paying attention that he was in a "Right lane must exit" lane; then when he got to the exit and saw he had to turn right, I think he just decided that he had enough room and veered over, (he couldn't just go straight on the shoulder because there was no shoulder-- just concrete barriers)-- then because traffic had slowed he locked up his brakes.



Anyway, those are my thoughts. I called him 3 times to talk about it. He hasn't returned my calls.



Body shop thinks I need about $5000. 00+ worth of repairs, could be more, they don't know yet until they get into it. Hood, both fenders, Ranchhand bumper, intercooler, radiator, oil cooler, trans cooler, fan and shroud, belts and ?????? Have done business with "Bob" before and he's a fair guy.



Even though I got the ticket, (which I'm going to fight), I'm going to file a claim against his Insurance Co. in small claims court. My insurance co feels they will deny the claim because of the ticket, so they said small claims would be my best bet.



What a Pain. Worst case---- 1. The ticket stands, I pay the fine and get the points. 2. My insurance raises my rates sky high or cancels my policy, then I go to a high risk company with high premiums. 3. My truck is damaged more than thought and I end up paying for everything. 4. My health insurance raises my rates or denys payment for auto accident injurys to my wife and for her rehabilation for the next 6 months.



Regards,

Lowell

 

[lpearson]

Re: The cop is an idiot..........

Originally posted by Rogue Ram

... ... ... ... I know, I've worked with those types for years. In my younger years when on "probation" as a rookie I had stuff like this jammed in my craw. Had to keep my mouth shut. The minute I was tenured, NO MORE. You can prove your case as stated above with pictures of where your vehicles hit each other. In addition, you need to state that there was "X" amount of room between the rig and your truck, and the rig and the vehicle in front of him when he squeezed in. Its called IMPROPER LANE CHANGE, among other things.



Draw diagrams, use the pics, take your witness with you, look up your State's "Improper Lane Change" rules, etc. , and make your case. You don't need an attorney.



On behalf of those of us who try not to give cops a bad name like this clown did " I apologize".



Take care



RR

Thanks for the reply. No need to apologize, but thanks.

I have done all of the above,-- pictures, video, diagrams and wrote a 7 page letter of my account of everything I saw and remembered.



I have cop friends, and I know how difficult your job can be. Lots of crazies out there. I hold no hard feelings for any of you, in fact my feelings are just the opposite.



This cop, didn't interview me, didn't review the accident scene, didn't care that my wife was on a stretcher tied down in pain and in shock. I think he had a lunch date and that was more important.



Anyway, there are "bad apples", it seems, in all types of jobs.



Regards,

Lowell