Left work yesterday at about 4:30PM. I pull up to a set of lights, which are red. There are 3 lanes, left lane for left turn, middle lane for going straight ahead, and right lane for right turn. There is a 10 wheeled box truck, first in line in the middle lane stopped at the red light with no directionals flashing. I intend to make a right turn. I pull up to the right of the truck in the right lane with my right directional flashing and am first in line in that lane. We are both stopped waiting for the light. The truck starts moving forward and cuts his wheels to the right, I now discover that he intends to make a right turn and I'm beside him. I have no place to go, as there are cars behind me. He clips my driver side door and fender with his right rear wheel, and pushes me into the curb then stops.

I understand that he has to make a wide swing to make a right turn, but if he had his right directional on, I never would have pulled up beside him. He claims I was in the wrong because he had his right directional on. He may have turned it on AFTER I pulled up beside him, which I wouldn't have seen as I was beside him, but it wasn't on when I did pull beside him. There was no police at the scene. The car is drivable.

My vehicle was at a complete stop when he started to turn, and stayed completely stopped as he hit me. There's probably about 1k worth of damage to the front of my drivers door and left fender. My car is 9 yrs. old with 174K miles and I dropped my collision insurance 3-4 years ago, so I have no insurance to fix this unless he is ruled more than 50% at fault, then his insurance should pay to make me whole.

I'm assuming he's at fault because I was stopped beside him, all he had to do was look in his right door mirror as he started to make his right turn, and he would have seen me sitting there.

I'm not looking for anything other than getting my car fixed, as I'm going to give it to my son when my new car comes in. So, do you think his insurance will rule in my favor and fix me up?

He's at fault.
You were stopped, he hit you.
Signal or not, he made a right turn but was not in the right lane

Were the police called?
Were and tickets issued?

Why didn't you see the signal?
Every truck I ever saw had two sided signals on the front fenders that are clearly visible to a vehicle beside him.

A police report and or witness names/numbers and statements will go a LONG way in getting his insurance to pay. Did you get either of those?

Similar situation ,but I was the one who was in the wrong lane turning, and no accident. The police officer was kind enough to ticket me :clonk: (I was lost and out of state).

In my opinion, who ever occupies an intersection 1st has the right away, whether the occupant vehicle has stalled or run a red light. In this case the truck occupied the intersection 1st and proceeded to exit; however, the driver struck a stopped vehicle that was not even occupying the intersection. The driver of a moving vehicle that collides with a fixed object is clearly at fault and should be charged with careless driving and not with failing to yield the right of way and all the arguments about who was in what lane and who had flashers on is really irrelevant. I mean, what the H*LL, is he claiming you were attempting to do "pass him on the right" – shish!

Granted I believe we have all been in a similar situation where we had to move our vehicle to allow a rig to make a turn but the driver of the rig has to be aware of all traffic before committing his movement and prepared to stop before causing a collision.

He's at fault.
You were stopped, he hit you.
Signal or not, he made a right turn but was not in the right lane

Were the police called?
Were and tickets issued?

Why didn't you see the signal?
Every truck I ever saw had two sided signals on the front fenders that are clearly visible to a vehicle beside him.

No police called, no tickets. Boston city police do not respond to minor vehicle accidents unless someone is hurt. (I was rearended about 8 years ago near work, called the police and they said they would not respond to scene as there are too many fender benders to respond to.) There may have been a fender signal, if it was even on, I didn't notice. Why would I be looking for a fender signal when the truck is in the "go straight ahead lane" and right signal wasn't flashing when I pulled beside him? Even if I saw his right front fender signal, I was stopped and had no place to go as his hit me.

In my opinion, who ever occupies an intersection 1st has the right away, whether the occupant vehicle has stalled or run a red light. In this case the truck occupied the intersection 1st and proceeded to exit; however, the driver struck a stopped vehicle that was not even occupying the intersection. The driver of a moving vehicle that collides with a fixed object is clearly at fault and should be charged with careless driving and not with failing to yield the right of way and all the arguments about who was in what lane and who had flashers on is really irrelevant. I mean, what the H*LL, is he claiming you were attempting to do "pass him on the right" – shish!

He's claiming I'm at fault, because he had his right signal on and had to be in the middle lane because he wouldn't have been able to make the swing to make his right turn. I understand he has to make a wide swing, but he didn't have his signal on when I pulled up beside him to his right. Why would I assume anything else other than he was going straight? I was stopped beside him when he hit me.

Unfortunately, it's his word against mine whether he had his right signal on when I pulled up beside him.

Usually when a moving vehicle hits a stationary vehicle the one moving is assumed at fault.

Most of the time I see trucks strattle lanes when they are trying to make a turn, not be completely in the next lane over, so that coupled with no turn signal might do it.

I don't think it even matters even if he did have his turn signal on or not. It wasn't safe for him to make the turn and he obviously didn't look to see if it was safe to make the turn.

he should be at fault, he didnt have "control" of his vehicle, he should have looked to make sure there was no one beside him before proceding, maybe you were in his blind spot and he didnt see you?

Without the police being involved this now is a civil matter not a criminal matter. You now have to decide if you are going to involve your insurance. I have a honest insurance man so I would not hesitate to call him, however not all insurance agents are that way. If he refuses to pay to fix your car you will probable end up in small claims court or you can have your insurance fix your car and they will go after him for reimbursment. mark

MN law states that the truck HAS to be FULLY in the turn lane and swing into the oncoming traffic to make the turn. Doesn't work for $h!t in the real world but that is the law, not opinion or conjecture. Here he would be at fault without any doubt. Check the law in your state for trucks turning and inform him of the facts. If for some crazy reason he could make the turn from the wrong lane, 69CamaroRT said it, he didn't have control of his vehicle and obviously didn't make an attempt to be sure the lane next to him was clear before turning. Educate yourself on the law and use that to your defense. Arguing with him over opinions isn't going to get you anywhere.

Her in Mo we have to go to a police station to file a walk in report. Then I hope you have his insurance information so you can send them a copy. They will decide what they think is right. If you dont agree then you can go to court.

No police called, no tickets.

How about a witness (that saw it happen) that will back up your story? Who do you and he have for insurance?

Thats another thing... If he seen you (should have, you were next to him) and he still made the turn with you there (knowing he couldn't make it) why didn't he wait ????

Oh, I forgot, they own the road...lol :D

Sorry to hear that this happened to you... but also glad that you weren't hurt, as those rigs have a lot of punch to them!

As most have indicated, the fault seems to lie with the truck driver...check to see that your state says about this moving violation. Your insurance man should be able to advise you on just what to do... that's what your coverage is all about, eh?

A similar fate happened to a relative in FL, and the truck driver was charged...but each state prob has its own vehicle act.

Good luck Steve, on your misfortune of being in the wrong place at the wrong time.

capt

Without the police being involved this now is a civil matter not a criminal matter. You now have to decide if you are going to involve your insurance. I have a honest insurance man so I would not hesitate to call him, however not all insurance agents are that way. If he refuses to pay to fix your car you will probable end up in small claims court or you can have your insurance fix your car and they will go after him for reimbursment. mark

I will not involve my insurance company at all, other than notifying them that it happenned. I don't have collision insurance on my vehicle as it wouldn't be worth it because of it's age, so my insurance is worthless in this case, if I'm found more than 50% at fault. If that's the case, I wouldn't bother having it fixed, or fighting it in court. I personally have to file a claim with his ins.

Just trying to get a feel on your opinions of who was at fault here. If he's at fault, I'll get it fixed by his ins. if i'm at fault, it will stay dented. Sounds like you guys are leaning towards his fault....if his ins. co. believes my statements (which are the truth). If not, it's not the end of the world, the car's only worth $2,500, it's drivable the way it is.

The truck driver is clearly at fault, but it would help a lot if you have witnesses to corroborate your story or pictures (cell phone camera). Before cell phone cameras, I used to keep a disposable camera in my glove box just for these occasions. It came in handy once when a girl rear-ended my car and then tried to drive off. She didn't realize I had a picture of her plates!

Did you get the name of the company he drives for? Hopefully, you at least got contact info from him so you can pursue it in small claims court if necessary. He is probably counting on it being too much trouble for you to come after him. I politely let him know that I will be contacting his superiors at the trucking company to inform them of his unsafe driving if he continues to be "reluctant" to help out. At the very least, he should be responsible for half the cost of repairing the damage.

The truck driver is clearly at fault, but it would help a lot if you have witnesses to corroborate your story or pictures (cell phone camera). Before cell phone cameras, I used to keep a disposable camera in my glove box just for these occasions. It came in handy once when a girl rear-ended my car and then tried to drive off. She didn't realize I had a picture of her plates!

Did you get the name of the company he drives for? Hopefully, you at least got contact info from him so you can pursue it in small claims court if necessary. He is probably counting on it being too much trouble for you to come after him. I politely let him know that I will be contacting his superiors at the trucking company to inform them of his unsafe driving if he continues to be "reluctant" to help out. At the very least, he should be responsible for half the cost of repairing the damage.

I have all info on him, we stopped and exchanged paperwork. He is the OWNER of the company. I have no witnesses, and don't plan on pursuing this further if his ins. co. won't pay.

I have no witnesses, and don't plan on pursuing this further if his ins. co. won't pay.

Insurance companies in my experience never want to pay. The cost to file in small claims is pretty minor and if his insurance company doesn't want to pay because they are hoping you will just go away, might be the only way to convince them you won't. That is why most insurance companies don't accept responsibility at first they know many will just give up.

"No police called, no tickets. Boston city police do not respond to minor vehicle accidents unless someone is hurt. "

"What is F** John Law good for?? Absolutely nothing!!" Sung to the tune of "WAR!!"

Any stop light camera's around??

Columbia, MO is packed w/ the dam things!!

Check the back up tapes if there are a couple?? I will bet you there's at least four of them around!!!!!!

pdq67

No police called, no tickets. Boston city police do not respond to minor vehicle accidents unless someone is hurt. (I was rearended about 8 years ago near work, called the police and they said they would not respond to scene as there are too many fender benders to respond to.) There may have been a fender signal, if it was even on, I didn't notice. Why would I be looking for a fender signal when the truck is in the "go straight ahead lane" and right signal wasn't flashing when I pulled beside him? Even if I saw his right front fender signal, I was stopped and had no place to go as his hit me.

Here in Massachusetts...he/she who does the hitting is at fault unless both were moving. Then it depends on where the car was hit. One the side or rear the other driver is normally at fault...unless other wise coin tossed by the local police :)
Kev

My non legal advice is:

1. Immediately file a small claims suit, not the court one, but the one with a justice of the peace. No lawyers needed, no legal lingo. Here it costs about 80 bucks. Have the owner served (inc in the filing fee) at home (will tick him off when a cop shows up at his door at 6am to serve him). Make sure and sue him personally AND as the company. You may have to pay two filing fees, you may not.

2. Go see a chiropractor and get an adjustment

3. Call the owner and state that you hope they can work this out, and all you want is your car fixed. Let it slip, but don't threaten, that you went to the chiropractor.
Tell him that it is obvious he was wrong, all you want is your car fixed right and you will drop the suit.

4. If he does not agree, go see a ambulance chaser, who will convert the small claims case into a real court case if he feels you have a strong enough case. If not, let the small claims process take it's course.

As a business owner I have had to use small claims court several times over the years, as well as a few real court cases. In every case the small claims court seemed reasonible, and really listened to both sides and then considered the law, and made a fair judgement. The real court cases? Well, that depends on who donated to the Judge's CLE in the Bahama's that year as to who wins..........................
Around here, the lawyers have been lobbying to get rid of Jutice of the Peace small claims court, replacing it with regular court small claims court. JOP small claims maxes at 6,000 here and real court small claims maxes at 15,000 here.

Just my .02 on MY experiences, not legal advice,

Rich

My non legal advice is:

1. Immediately file a small claims suit, not the court one, but the one with a justice of the peace. No lawyers needed, no legal lingo. Here it costs about 80 bucks. Have the owner served (inc in the filing fee) at home (will tick him off when a cop shows up at his door at 6am to serve him). Make sure and sue him personally AND as the company. You may have to pay two filing fees, you may not.

2. Go see a chiropractor and get an adjustment

3. Call the owner and state that you hope they can work this out, and all you want is your car fixed. Let it slip, but don't threaten, that you went to the chiropractor.
Tell him that it is obvious he was wrong, all you want is your car fixed right and you will drop the suit.

4. If he does not agree, go see a ambulance chaser, who will convert the small claims case into a real court case if he feels you have a strong enough case. If not, let the small claims process take it's course.

Just my .02 on MY experiences, not legal advice,

Rich

It seems that he was more at fault, so I'm assuming his ins. will pay for repairs. The car is a 175k mile 10 yr. old. I'm not that wound up about it, I just would like to get it fixed, if not, so be it. I'll keep you posted on the response from his ins. co. It seems the general opinion here is that he's at fault, that's really all I was looking for, thanks for all your opinions. :thumbsup:

I had an accident a while back where a guy yielding to an oncoming police car (lights and siren) turned right from my left side and we met. The police did not ticket anyone and he insisted it was my fault?? After we both gave statements to the insurance companies, both companies agreed that it was the other drivers fault as I was in my lane and he encroached me. Hope it works that easily for you.

As a CHP officer I take collision reports on accidents like this all the time. In my opinion it's the box truck driver's fault. He has to be able to make his turning movement safely, without interfering with the movements of other motorists. I hope that everything works out for you.

as a trucker i can tell you that he is at fault.... we are to make right turns from the right lane even thoe most times we need two lanes to make turn we are suposed to make right turn from right lane and go strait across intersection then turn right to clear curb or what ever is there

Truck driver 100% at fault. No way to even argue that. He made an illegal turn when he turned right from a lane marked for through traffic only. Doesn't matter if he signaled or not. Doesn't matter that this may be a common practice or not, it's not a legal turn. I understand why trucks want to do this, but in a court of law they've got no chance pleading this case.

Now trying to collect will be almost impossible without a witness or an accident report. Good luck to you, you're in a bad spot. He should pay for the damge, but you'll probably never see a cent.

Needing to make a wide turn or not - the traffic laws apply the same to everyone. You can't turn right from a lane that is labeled straight ahead. I've seen big trucks (18 wheelers) crowd the center lane to make a wide turn. It's obvious what they are doing and everyone stays out of their way.

This guy is probably paranoid he'll get a strike on his commercial license and will say anything to get out of it.

Too bad you don't have a police report. Sounds like it's your word against his. If you're lucky he'll hang himself with his own rope by admiting he wasn't in a turn lane.

Just to wrap this thread up:

I filed all the accident reports with his ins, registry, etc. etc. Got a call from his ins. the following week for a "telephone interview of my side of the story". They said they would send an appaiser out to assess the damage to my car and they would let me know their decision within a week or 10 days. Their assessor put the damage at $1,125. (My body guy said he thought that estimate was high) No other conversations or negotiations or phone calls with his ins. co.

I received a check for $1,125 on Saturday! :hurray:

I'am glad it worked out for you.

SWEET !!! :beers:

Glad it all worked out to the good. :yes:

Congratulations!

congrats. im glad it turned out in your favor.

Glad you got paid

I am sorry this happend to you and I am glad no one was hurt. This may seem after the fact but did you take any pictures? I carry a disposable camera in the glove compartment in the event of an accident and replace it with a fresh one every six months.

I am sorry this happend to you and I am glad no one was hurt. This may seem after the fact but did you take any pictures? I carry a disposable camera in the glove compartment in the event of an accident and replace it with a fresh one every six months.

I always keep an old digital camera in the car, but I had taken it out the day before to use, and forgot to put it back. (Of Course!!!) Actually the truck driver had a camera and took pictures.....I guess if he used them to plead his case in his favor, it certainly didn't work. ;)

So, whatcha gonna do with the check? i say you buy us some beers. lol.

anyway, fyi for everyone, turn signals mean nothing. they are just letting people know what you want to do. it doesnt give you a "right of way".