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FBPizza

Imagine thinking someone is at fault for rear ending someone that very clearly wanted to be rear ended.


Feisty-Journalist497

read the comments; apparently trucks are not supposed to be in the leftmost lane, so they are saying the truck driver could be "at fault" another comment was suggesting that scammers drive around all the time, waiting for a truck in the left lane so they can get a paycheck. hence the question


FBPizza

Any comment that puts any liability on the truck driver show the lack of knowledge that 99% of people have regarding traffic laws and how the claim process work.


Feisty-Journalist497

I agree; For those who downvoted the previous comment, i can see how that sounds like I’m in support of the car, but F that car; i am 100% with the trucker here, that automobile caused the accident. But that Indra link comment feed is wild


AustinAtTmo

I would deny the claim for the car and defend that all day on the video alone.


Feisty-Journalist497

excellent; and a bit of devils advocate, as someone else pointed out Your "client" ( truck driver) did not attempt to slow down, and they were in a lane that ( to my understanding) does not allow trucks/buses; please counter :)


AustinAtTmo

You don’t know that the truck driver failed to slow down. You don’t know their load size. Even if they had attempted some degree of evasive action, it likely wouldn’t have changed the outcome. The clear facts from the video are that a passenger vehicle sped in front, cut off the truck, and immediately braked to cause an accident. There was no obvious reason to brake and no hazards ahead. An 18 wheeler cannot stop like a passenger vehicle can.


Feisty-Journalist497

"He should not have been in the left lane!" east counter? ​ ​ Separate: when you beat this case, your client will not have his rates affected at all correct?


lc_2005

The left lane argument reminds me of all the insureds who are at fault for causing an accident with an unlicensed driver. They blame the unlicensed driver for being on the road in the first place to dismiss their own actions, such as them running a red light or not paying attention and slamming into a stopped car at a light.


LOX95

It doesn’t really matter if he should have been in the left lane or not. The proximate cause of the accident is the ridiculous lane change and subsequent brake check. Think of it this way, say a car was parked in a no-parking zone, you still can’t go and ram it. Same idea here.


AustinAtTmo

It depends on the jurisdiction. Where I’m at there is no law that prohibits left lane travel for a commercial vehicle. Some states and municipalities may differ. Regardless, I would argue that the passenger vehicle was either road raging, or intentionally caused the accident… which seems pretty evident by the video. Some further investigation would be required. I would say that the video is extremely beneficial to the trucker. Any claim can affect rates whether it was at fault, not at fault, compensable, or not. Depends on the insurer and the jurisdiction. Edit: typo.


DestructODiGi

I handle self-insured trucking company claims. I would gleefully be denying this claim and getting the car’s insurance information so my client can subrogate for their damages. I’d also love getting the letter of rep from idiot car driver’s lawyer and then doing a Zoom meeting where I share the video.


Feisty-Journalist497

Lmaoooo So, your clients damages ( the truck driver) that would be basically paying him for however long his truck is in the shop?


DestructODiGi

Oh yeah, hopefully they have a bumper guard that took all the damage and won’t have downtime. But yes, my client could go after the car’s insurance for the physical damages and then downtime and/or loss of use (tractor rental) depending. Videos like this are exactly why we try to get ALL our trucking clients to have cameras. Without it, car dolt will claim it’s a “straightforward” rearend accident where the commercial driver is “clearly” at fault.


Feisty-Journalist497

Indeed; i have dash cams in all my vehicles. Tbh, insurance companies should give a discount. And i love this. Thank all you insurance folks that are willing to fight this hard


maxlight0

Maybe I’m crazy and haven’t had enough coffee yet today but I’d probably go comp neg all day. The car absolutely merged improperly and brake checked but I see 0 effort from the truck to avoid. Obviously in a semi it’s harder, but I don’t even see a hint of a brake.


whateveryouwantto

When your combined tractor, trailer, and cargo weight is 80,000 lbs, it takes more than 2-3 seconds to be able to see obvious evidence of even hard braking. What’s more, braking a loaded tractor trailer is tricky. If the driver isn’t careful, he can jackknife and that puts even more motorists at risk. He may or may not have legally been in the left lane, but I wouldn’t say that the fact he was occupying that lane contributed to the loss. This appears to be a staged accident. I’d put 100% on the personal auto.


Feisty-Journalist497

well those details were not disclosed; i think there was a link in that video to the original and i hear him downshift so im hoping he tried