Hi, I was in a wreck involving my company truck and trailer with 1 passenger car. I was stopped in the turn lane of a north/south city street. Forward and to my left was a pas sager car whom was stopped and ready to turn right. Opposing traffic was clear and I proceeded to turn left into a parking lot. Within that same time, the passenger car began their turn right. Effectively The truck and 13 foot of the 16 foot trailer was into the parking lot. The remaining 3 foot was into the westernmost lane , when the passenger vehicle struck the trailer. Just trying to determine who fault it was. The officer cited me as the at fault with failure to yield and I believe it to be incorrect. Below is an attached image. Note that the passenger car was trying to gain speed to blend into traffic and had speed in excess of 30 mph when she hit the trailer. The vehicle I drive is a F250 4wd quad cab with a tall- large dump trailer. Truck is red and there is no possible way to look beyond it nor the trailer if it you were looking in that direction. Please let me know what you think. Thanks


Chad Also note that if you do not see an image attached, please let me know and I can email it to you

... Also note that if you do not see an image attached, please let me know and I can email it to you
I understand that it would have been difficult for the other vehicle to see through your rig, but fail to follow how that fact may be pertinent. She should have been focused on your vehicle and on the traffic behind her, but I don't see why it matters what might be on the other side of your rig.

Ok, I see the sketch in the other (https://www.askmehelpdesk.com/other-law/wreck-who-fault-554772.html) thread.

It appears to me that both of you may have been at fault.

You for crossing the opposing lanes of traffic without allowing sufficient space/time for the other vehicle; and for faiing to consider that the other vehicle would be turning into the lane of traffic you were going to be crossing.
The other vehicle for accelerating to 30 MPH while you were still crossing the thoroughfare.


You say both vehicles started moving at the same time? It looks like you should have known the other vehicle would be moving and planned accordingly.

Mine did. Interesting enough, it is a busy 4 lane and 1 center turn lane roadway. I know she was not looking forward but rather trying to gain pole position for any on coming traffic she was merging off into. The trailer was hit in the right rear corner. Thanks for your help.

... I know she was not looking forward but rather trying to gain pole position for any on coming traffic she was merging off into. ...

Someone should figure a way to teach drivers that the rearview mirrors are there for a reason. She have used them, rather than take her eyes off if you in order to look to see what was to her left.

The "last clear chance" also would work in your favor: she had the LCC to avoid the accident and therefore is at fault.

I was just stating that my truck, not to mention should be impossible. Bright fire engine red, graphics and a 7 ft tall boxed trailer being pulled behind it. I was just making an observation, such as if I was in her position, and let's say there is a smaller lower profile car, there lies more potential for me not to see it. Figuratively speaking, I created a brick wall within the street. Know what I mean? With that incite, any changes in your opinion? Thanks for your time! Chad

Nope, the car making a turn across a road way has a duty and obligation to make that turn where it does not interfere with or stop the flow of traffic, Or be in the way to get hit.

That vechile making the turn can only do so when it is completely clear to make that turn safely.

So had they stopped and not hit you, the officer could have still written a ticket ( but seldom do) it is when one of the cars hits you, that you are normally found at fault.

You could have had neon flashing lights with moving clowns on it, but unless you safely clear the road in your turn you have at least some if not all fault.

Hmm, well effectively the turn was already made, and the trailer being extended into the lane would have been the same if I was merely turning right into the parking lot and she hit me. I understand your position however if the turn was already made, I still have reservations. Additionally is there some law that spells this out? Don't get me wrong, whatever is right is right. I have a ton of all kinds of insurance as well as cash to fix her vehicle tonight. I am just seriously questioning the rationale of the report and finding a solid explanation as to root cause. Again thanks to everyone on your posts! Chad

hmm, well effectively the turn was already made, and the trailer being extended into the lane would have been the same if I was merely turning right into the parking lot and she hit me. ...
No. Your trailer is part of your "vehicle" for the purpose of this discussion. The trailer wasn't out of the lane of traffic when she hit you, so you are responsible, is what Fr_Chuck is saying.


... Additionally is there some law that spells this out? ... Depends on your state. Each state has a code of statutes. Most such codes contain a "motor vehicle code" or something like that. What state are you in?

Yes, your truck and the trailer is the entire "vehicle" so no matter how long and how much is hanging on behind, one has to have it all clear.

Tennessee!

Tennessee!

Look here (http://www.michie.com/tennessee/lpext.dll?f=templates&fn=main-h.htm&cp=tncode).

Rachel, this is the legal advice forum. I notice you are "guessing" - and you are wrong.

The "report" is prepared by after the incident witnesses. The only value of the report is if the Police quote actual eye witnesses.

I'm a liability investigator.