My poor truck!

[Dontcryformejanhrdina]

Ughh, yesterday I was driving home after running some errends and I was planning on fishing for a bit before the storm hit. I'm turning right on a red, I stop at the corner and make sure the way is clear. There's a transport in the center lane coming up through the light but my lane is clear so I turn and drive about 15-20' in the curb lane while the truck passes me....until he decides he's going to change into my lane without looking in his mirrors. I slam on my brakes but his back right trailor's bumper (which is solid metal) hits the front left side of my truck, bending my fender, ripping my left headlight out, bends my grill in half so it's sticking out. I don't know how he couldn't see me since I turned before he even went through the intersection! He turns down the next road on the right so I followed him thinking he might try to take off but we both pull over off the busy street. He got out and says sorry and admits that it's his fault and he never checked before changing lanes and asks me if I'm going to call the police! I couldn't even open my driver's side door! Of course I'm calling the cops! So 20 minutes later a cop arrives and asks for a quick story, now the truck driver is saying he's in the curb lane all along! If that were the case and I cut him off the front of his truck would have hit me, not the very back of his trailor. I figured by the damage to my truck it's OBVIOUS what happened and the cop would see that my story was right. He gets his information first, then lets the guy leave, I give him my info and he says "You realize you're at fault, right?" I almost lose it! How can I be at fault for driving straight in my lane and someone changing lanes and hitting me?!! I said look at my truck! I explained to him again what happened so the cop starts backpeddling and says "Yeah, I can't in good concious say that you're at fault so I'm going to write nobody is at fault. I can't say anybody is at fault since no witnesses stopped." Even though he was pretty quick to accuse me (probably because I'm young and the other driver was in his 50's). So now it looks like I'm stuck paying the deductable because some idiot doesn't check his mirrors or use turn signals when changing lanes! That cop was so unprofessional, he never even went and looked at where the accident occured (where pieces of my truck were still on the road). He just kept saying "I understand your frustration but I can't say he's at fault without a witness". Apparently you can't solve crimes based on EVIDENCE anymore, and this guy claimed he used to be a traffic collision cop! Honestly?!!

Edited August 1, 2012 by Dontcryformejanhrdina

[mercman]

Its called a quick fix, no fault scenario. No wonder our insurance rates are sky high.

[bdox]

The good thing is, charges weren't pressed and a police officer can't determine fault (for insurance purposes). Familiarize yourself with the fault determination rules which are set by the goverment.

 

http://www.ibc.ca/en...ation-rules.pdf

Edited August 1, 2012 by bdox

[Dontcryformejanhrdina]

The good thing is, charges weren't pressed and a police officer can't determine fault (for insurance purposes). Familiarize yourself with the fault determination rules which are set by the goverment.

 

http://www.ibc.ca/en...ation-rules.pdf

 

 

Not good for me! He was at fault, I was driving straight in my lane when he moved over and hit my vehicle because he never checked his mirrors. So I'm stuck paying the deductable for his mistake. There was no damage done to his trailor since those bars are nearly indestructable so he drives away without a problem and it doesn't cost him a dime. His insurance should be paying for this if I had a competent police officer, not mine.

 

How can charges be laid against me? Because I turned into an empty lane and drove straight for 15-20 feet and another vehicle decided to change lanes without looking, hitting me?

[GBW]

Man that sucks! I sure hope you got his info and the company name off the truck! I'd be on the phone with them right now if it was me.

[bdox]

I'm talking solely insurance here. The police officer didn't lay charges, and even if he did, it wouldn't really matter. Your insurance company determines fault based on the Fault Determination Rules (The PDF I linked). You would have had to go to the Collision Reporting Center and make your report, and your insurance company will use your report and the other drivers report to determine who is at fault. If one or both of you is being dishonest, or fault can't be determined for some other reason, you'll both be held 50% (or some other percentage) at fault. It doesn't matter if you're 1% or 99% at fault, you will mostly likely have to pay deductible and your rates will go up. If he's determined at fault, your deductible should be waived.

 

I've been through it once before where the other driver was dishonest and the insurance companies made us both 50%. Unfortunately there's nothing you can do about it unless you have a good case and want to take the other driver to civil court.

Edited August 1, 2012 by bdox

[GBW]

Oh, idea! Did it make the traffic news on CP24? they have camera's ya know...

Edited August 1, 2012 by GBW

[Fish4Eyes]

I would be contacting the local police detachment and making his staff sgt aware of his lack of effort by the sounds of it.

[Dontcryformejanhrdina]

Just got a call from the bodyshop, over $4600 in damages and it will take 7 days to fix once they get all the parts in. Thank God for insurance!

[lew]

I had a very similar incident 10 years ago on Yonge St. in Toronto.

 

I was driving north in the left lane and a guy was passing me in the curb lane trying to race ahead of me to get in front of me as there was a parked car ahead of him in his lane.

 

I didn't even see him till he was right beside me and as he cut in front of me his back fender clipped the corner of my front bumper. He was going so fast it spun him sideways in front of me and I hit him broadside crunching in alot of his car but doing nothing more than a couple scrapes on my front bumper.

 

He admitted guilt right away and I called the police. They said they were very busy and couldn't come but seeing as nobody was injured just go to the Reporting Center.

 

We exchanged information and then the other guy now claimed it was my fault and he refused to go to the Reporting Center.

 

I left him at the side of the road and went by myself. The officer at the Center looked at my truck and could see the other cars paint on the outside corner of my bumper, plus where I hit him in the side and said it was very obvious that my story was true.

 

When I said the other guy refused to go to the Center, they said they'd look after it all and lay the appropriate charges.

 

I contacted my insurance company and sent them a copy of the report and they paid for my damages and I never heard from them again.

 

Sorry for the long post but it's just so similar to your accident.

 

Go to the Reporting Center and tell them exactly how it happened and see what happens.

 

Take a bunch of pictures of your car too.

[fishingwithbob]

Ughh, yesterday I was driving home after running some errends and I was planning on fishing for a bit before the storm hit. I'm turning right on a red, I stop at the corner and make sure the way is clear. There's a transport in the center lane coming up through the light but my lane is clear so I turn and drive about 15-20' in the curb lane while the truck passes me....until he decides he's going to change into my lane without looking in his mirrors. I slam on my brakes but his back right trailor's bumper (which is solid metal) hits the front left side of my truck, bending my fender, ripping my left headlight out, bends my grill in half so it's sticking out. I don't know how he couldn't see me since I turned before he even went through the intersection! He turns down the next road on the right so I followed him thinking he might try to take off but we both pull over off the busy street. He got out and says sorry and admits that it's his fault and he never checked before changing lanes and asks me if I'm going to call the police! I couldn't even open my driver's side door! Of course I'm calling the cops! So 20 minutes later a cop arrives and asks for a quick story, now the truck driver is saying he's in the curb lane all along! If that were the case and I cut him off the front of his truck would have hit me, not the very back of his trailor. I figured by the damage to my truck it's OBVIOUS what happened and the cop would see that my story was right. He gets his information first, then lets the guy leave, I give him my info and he says "You realize you're at fault, right?" I almost lose it! How can I be at fault for driving straight in my lane and someone changing lanes and hitting me?!! I said look at my truck! I explained to him again what happened so the cop starts backpeddling and says "Yeah, I can't in good concious say that you're at fault so I'm going to write nobody is at fault. I can't say anybody is at fault since no witnesses stopped." Even though he was pretty quick to accuse me (probably because I'm young and the other driver was in his 50's). So now it looks like I'm stuck paying the deductable because some idiot doesn't check his mirrors or use turn signals when changing lanes! That cop was so unprofessional, he never even went and looked at where the accident occured (where pieces of my truck were still on the road). He just kept saying "I understand your frustration but I can't say he's at fault without a witness". Apparently you can't solve crimes based on EVIDENCE anymore, and this guy claimed he used to be a traffic collision cop! Honestly?!!

If you only made it 15-20 feet there is probably a good chance the truck was already in the process of switching into a lane(the one you turned into) that was previously clear. Think you do take some of the blame. Now had you travelled say 50-100 (or more) feet I would have different thoughts.

 

#justsayin

[bare foot wader]

MTO handbook says "don't change lanes in or near an intersection"...I think the correct answer on the test is 30 m

 

trucker was probably into the process, but you're still not at fault IMO...if you went to the collision reporting centre i think they'd take side with you...take pics of the intersection and your truck debris on the road, measure the distance from the corner to the debris (probably too late now)

[davey buoy]

If you only made it 15-20 feet there is probably a good chance the truck was already in the process of switching into a lane(the one you turned into) that was previously clear. Think you do take some of the blame. Now had you travelled say 50-100 (or more) feet I would have different thoughts.

 

#justsayin

 

The truck still could of avoided him or laid on the horns as so many do. Once at Keele and Lawrence a car hit me broad side when I was going through a green light. Because of the accident the lady in the car beside me couldn't get out. She said she had to get to work. I said call your employer and tell them you'll be a couple hours late. She was a witness,shifted her $50.00 for more than her lost time and things were good. Truck was fixed no increase in rates. That was 20 years ago. Bribe I don't think,

so, but people are so worried about lost time,bills etc. I thought that was the right thing for me to do. I think that paid for itself in the next month or two if I was at partial fault.

[BillM]

This is the reason why I usually let tractor trailers go by before I make a right on a red, even if there is an open inside lane. It's not like they turn or stop on a dime, lol.

Edited August 2, 2012 by BillM

[okumasheffield]

Too bad this kind of crap happened to you.

 

All I can say is to TAKE MILLIONS OF PHOTOS to back yourself up.

Tire marks, car damages, photos of intersection ... etc

 

 

Remember there is NO batman (justice) in this world to help you except yourself!

 

Once again, sorry to hear your story.

Edited August 2, 2012 by Okuma-Sheffield

[GBW]

Remember there is NO batman in this world.

WHA?!?!?!?!

[RangerGuy]

Oh man that sucks!!! Very sorry! I had the same type of thing happen to me. I'm sure if you search my post from 4-5 yrs ago you'll see it.

 

Basically, I make a left hand turn driving a full size 4 door sedan like a big old caprise with my 17' ranger boat trailer on the back . The left hand turn is at the bottom of the hill. I check all spots and behind me because I was already rear ended once with this boat.

 

I complete the turn , car and trailer are complet

[RangerGuy]

Oh man that sucks!!! Very sorry! I had the same type of thing happen to me. I'm sure if you search my post from 4-5 yrs ago you'll see it.

 

Basically, I make a left hand turn driving a full size 4 door sedan like a big old caprise with my 17' ranger boat trailer on the back . The left hand turn is at the bottom of the hill. I check all spots and behind me because I was already rear ended once with this boat.

 

I complete the turn , car and trailer are completely on the road I was turning into and I'm rolling down a hill side ways. Kid in a old pick up hits me right behind my door!!!

 

Cop let's him go and charges me with an unsafe left hand turn!!! Didn't go 10 feet from where he parked his cruiser!

We did our own investagation and found 200+ feet of skid marks, then a space and another 60' of skids before he hit me. I got off because this lazy cop screwed up the ticket and failed to properly Investigate. The kid gets off scott free... he should have been charged with dangerous driving.

 

The best part is the cop let him drive the truck home cause he was a local..., ARGH!!!!

 

Don't the cop or insurance call it nobody is at fault!

Edited August 2, 2012 by RangerGuy

[BillM]

So you pulled out in front of a kid and he hit you?

[John Bacon]

Do cops ever charge someone with obstruction of justice if they are obviously lying?

[RangerGuy]

Nope, I made the left hand turn, he came from the same lane I turned from. His 200' of skid marks started at the top of the hill, he hadn't even crested the hill when I started my turn. Then he let off the brakes and hit them again 60' before the turn and slid into me pushing my car and trailer sideways thru the wood pole and wire guards at the side of the road and down a 20' embankment sideways.

 

I won't even guess how fast the kid was goin. 250+ feet of skid marks. I'm so lucky I didn't loose my left arm I had the windows down and my arm out the window. We were hit right at the spot between the front and back door.

Edited August 2, 2012 by RangerGuy

[BillM]

Oh so he slammed into the back of you while you were making the left? Can't believe charges weren't filed for that.

[Dontcryformejanhrdina]

Thanks guys. I'm going to be stopping by the body shop tomorrow to take more photos with a better camera. Hopefully they haven't started working on it yet. I'll also take pictures of the intersection and where I was hit.

 

Talking to people at work and who are from around here, EVERYONE knows who this cop is and he has a very bad reputation for being a jackass. Even other cops hate him because he tries to ticket them all the time. Even the guy at my insurance company knew his first name and laughed when I told him that was the cop, seems this guy is just an all around idiot.

[GreenCanada]

Yea, it's too bad that happened to you. Accidents of any kind are not fun things to deal with. It could have been avoided though if the entire direction was clear instead of just the curb-side lane. When I was first being taught to drive, I was told by my parents, and driving instructor that you must not turn right on a red unless the way is clear of all vehicles. Even if the curb lane is open, the other drivers have the right of way. Ie. just to be safe in case they change lanes.

 

The trucker should have checked more closely, but I also think you probably should have waited until the way was clear of all vehicles before turning right on a red. 15-20' is really just turning the corner, not much more, so I think it is entirely possible that when the trucker looked it was clear.

[smally21]

15-20 feet isn't even a car length. and at 50km/hr its a millisecond. it takes a truck that size hundreds of feet to change lanes.

 

sounds like you both had the same lane picked.its possible he sees the lane is clear, does a mirror check, changes lanes, now you have entered the lane thru the red light that he had seen a second before as clear. you are, after all, only a car length into it.

 

shouldnt be changing lanes thru an intersection id agree. i drive a big vehicle all the time. once you commit to something like changing lanes there is little to be done to avoid anything.