[NormanConquest]

Originally Posted by skw

Truck driver put on his signal as he started changing lanes. However, right where you were next to him, I don't think he could even have seen you. Looks like an honest accident.

I driven Truck I wasn't in a blind spot, if I was on the passager side I would have been if his mirrors are not adjusted properly.

[Poochie]

Originally Posted by IK6SPEED

As seen from previous post, poochie does not examine all the facts prior to posting.

Oh stop being so dramatic, I'm going to start a Go Fund Me to collect enough money to have that stick surgically removed from your ass.

He's obviously fine and it's a shitty situation regardless but now that we pass that and life goes on, I was merely pointing that the truck would not be liable.

[IK6SPEED]

Originally Posted by Poochie

Sorry to say but you would of been better off getting hit by the truck and had that footage to back it up.

Swerving to avoiding a vehicle and striking another unfortunately makes you liable for the accident.

Since you didn't make contact with the truck, his insurance company will more than likely disclaim responsibility. Tough break.

Your scenario would not hold up in court of law if he were still alive from your suggested course of action.

Originally Posted by Poochie

Oh stop being so dramatic, I'm going to start a Go Fund Me to collect enough money to have that stick surgically removed from your ass.

He's obviously fine and it's a shitty situation regardless but now that we pass that and life goes on, I was merely pointing that the truck would not be liable.

Examination of my posts will clearly show I do not suffer fools, which an examination of your posts show it as a part you most often play.

[PK2348]

This is unfortunate, however you did something I would avoid at all costs
Do not merge into big rig’s blind spot and then hang out there
Should have passed him to make sure he sees you or slowed down and let him pass

[Solidjake]

Sorry to hear dude.

This why I URGE EVERYONE to get a dashcam...

[Sigtran]

You stood no chance and just did what you had to do to save yourself and your family from possibly much worse outcome.

But I also think that driver (if experienced enough) that was overtaking you could/should have predicted what was just going to happen (as he could see both you and truck in front) and maybe could have braked a bit to avoid accident... Legally, not his fault of course and all happen within a second or two, but if I was him I would also be blaming myself a bit also...

Don't worry much and be grateful no injuries to anyone - worst case scenario you will pay some money and move on...

[NormanConquest]

Originally Posted by PK2348

This is unfortunate, however you did something I would avoid at all costs
Do not merge into big rig’s blind spot and then hang out there
Should have passed him to make sure he sees you or slowed down and let him pass

Well considering I was passing the truck i wasn't hanging out there nor in his blind spot.

[NormanConquest]

Originally Posted by Sigtran

You stood no chance and just did what you had to do to save yourself and your family from possibly much worse outcome.

But I also think that driver (if experienced enough) that was overtaking you could/should have predicted what was just going to happen (as he could see both you and truck in front) and maybe could have braked a bit to avoid accident... Legally, not his fault of course and all happen within a second or two, but if I was him I would also be blaming myself a bit also...

Don't worry much and be grateful no injuries to anyone - worst case scenario you will pay some money and move on...

Pretty much but I'm going to still make sure I can hold the truck responsible especially since I now discover damage on the passager side as well. I've already contacted one party involved and see where it goes.

[Poochie]

Originally Posted by IK6SPEED

Your scenario would not hold up in court of law.

For a "no-contact accident" in a comparative negligence state, that's going to take years and lot of personal money which little chance of success.

The truck company will find a way to weasel their way out of responsibility and most likely succeed.

Find me one scenario where some succeed with such a suit.

[Poochie]

Originally Posted by NormanConquest

Pretty much but I'm going to still make sure I can hold the truck responsible especially since I now discover damage on the passager side as well. I've already contacted one party involved and see where it goes.

That's good to hear, it changes everything. Good luck.

[IK6SPEED]

Originally Posted by Poochie

For a "no-contact accident" in a comparative negligence state, that's going to take years and lot of personal money which little chance of success.

The truck company will find a way to weasel their way out of responsibility and most likely succeed.

Find me one scenario where some succeed with such a suit.

Incorrect

But I've learned that's most often the case from you as you have costs others on this forum with incorrect info.

[Poochie]

Originally Posted by IK6SPEED

Incorrect

But I've learned that's most often the case from you as you have costs others on this forum with incorrect info.

Who are you beside some troll with a Napoleon Complex to tell me if I'm right or wrong?

How about you cite some facts instead of speculating.

I'm all about getting it right not being right. It's the internet, if you have something factual to prove me wrong, let's have it or else just crawl back in your hole.

[IK6SPEED]

Originally Posted by Poochie

Who are you beside some troll with a Napoleon Complex to tell me if I'm right or wrong?

How about you cite some facts instead of speculating.

I'm all about getting it right not being right. It's the internet, if you have something factual to prove me wrong, let's have it or else just crawl back in your hole.

You mean when you ignored facts and continued to tell people that the BMW MPerformance LSD would not work on AWD vehicles when BMW stated it would, scaring all the AWD drivers out of buying the close outs until a few who ignored you purchased and reported it worked. Of course by that time, the supply was gone and all that you scared off lost out on the deal of the decade.

Or the countless other incorrect posts like that.

Of course you ignore tort law such as the Doctrine of last clear chance and other factors in your response here. Then spin without facts that it would take you years and a fortune in a court of law (no facts, only wild conjecture) when the Insurance Company would go after the truck driver.

So get off your high and mighty about "facts" as it's you who ignores them.

Constantly.

[PK2348]

Originally Posted by NormanConquest

Well considering I was passing the truck i wasn't hanging out there nor in his blind spot.

Pass first then merge
And yes you obviously were in his blind spot, if not he would not try to change the lane right into you

[chiefneil]

Originally Posted by Sigtran

But I also think that driver (if experienced enough) that was overtaking you could/should have predicted what was just going to happen (as he could see both you and truck in front) and maybe could have braked a bit to avoid accident... Legally, not his fault of course and all happen within a second or two, but if I was him I would also be blaming myself a bit also...

Honestly I think a more experienced and defensive driver in OP’s position would have predicted the truck wanting to move from the #3 to #2 (OP’s) lane. (The fast driver in the #1 lane wouldn’t have had visibility to the #4 lane due to the truck in #3.)

You can see around the 52s mark that the truck in the #4 lane was starting to move to the #3 lane. The truck in the #3 lane (the one that almost hit OP) obviously had to give way, either by slowing or moving left. That all happens about 3s before the truck in #3 lane signals. The signal also gives OP about 1s of warning where he could have decided to hit the brakes instead of swerving left, as he was aware that a car was passing him on the left. Although given the positioning, hitting the brakes might not have avoided getting hit by the truck so that’s a judgement call.

A moot point now, but hopefully a lesson learned for the future. I’m always alert for exactly this situation when switching lanes into someone’s blind spot (something I almost never do unless forced to in heavy traffic), and whenever passing. Traffic 2 lanes over is as dangerous to you as traffic 1 lane over.

[NormanConquest]

Originally Posted by PK2348

Pass first then merge
And yes you obviously were in his blind spot, if not he would not try to change the lane right into you

Good Sir, I've driven a tractor trailers for over 10 Years when I was yonger; I know where the blind spot are located, but thank your for your time and opinion regardless.

[NormanConquest]

Originally Posted by chiefneil

Honestly I think a more experienced and defensive driver in OP’s position would have predicted the truck wanting to move from the #3 to #2 (OP’s) lane. (The fast driver in the #1 lane wouldn’t have had visibility to the #4 lane due to the truck in #3.)

You can see around the 52s mark that the truck in the #4 lane was starting to move to the #3 lane. The truck in the #3 lane (the one that almost hit OP) obviously had to give way, either by slowing or moving left. That all happens about 3s before the truck in #3 lane signals. The signal also gives OP about 1s of warning where he could have decided to hit the brakes instead of swerving left, as he was aware that a car was passing him on the left. Although given the positioning, hitting the brakes might not have avoided getting hit by the truck so that’s a judgement call.

A moot point now, but hopefully a lesson learned for the future. I’m always alert for exactly this situation when switching lanes into someone’s blind spot (something I almost never do unless forced to in heavy traffic), and whenever passing. Traffic 2 lanes over is as dangerous to you as traffic 1 lane over.

My thoughts are the first driver (amazon trailer) has primary responsibility as your train to drive onto the shoulder if the roadway runs out and if you are not safe to merge into the other lanes as the cars/trucks on that lane has right away. All other parties are unfortunate victims due to that one drivers actions.

[AlpineX]

Originally Posted by Poochie

For a "no-contact accident" in a comparative negligence state, that's going to take years and lot of personal money which little chance of success.

The truck company will find a way to weasel their way out of responsibility and most likely succeed.

Find me one scenario where some succeed with such a suit.

This is what your insurance company does on your behalf. The insurance companies work with the others to assign liability and settle claims. In a low dollar property damage only accident, I'm sure everyone would like to settle asap.

OPs insurance will make him whole less deductible and no diminished value. They will then pursue the insurance companies of the other associated parties.

[rlmesq]

Originally Posted by skw

Truck driver put on his signal as he started changing lanes. However, right where you were next to him, I don't think he could even have seen you. Looks like an honest accident.

People are supposed to turn on signals before they change lanes. What's the point if you've already started moving?

[Poochie]

Originally Posted by AlpineX

This is what your insurance company does on your behalf. The insurance companies work with the others to assign liability and settle claims. In a low dollar property damage only accident, I'm sure everyone would like to settle asap.

OPs insurance will make him whole less deductible and no diminished value. They will then pursue the insurance companies of the other associated parties.

Thank you for the information.

I'm well aware of the process, in the insurance industry it's called "subrogation."

I was hit by a truck also and the driver denied responsibility.

Thanks to the photo below, Geico was able to recover 100% of the damages from the at-fault party, after a panel decided I was not at all liable.

The OP situation is different because he originally claimed he didn't make physical contact with the at-fault party, which put him a different category, making it more difficult to prove a tort but that point is moot now the he claim the was indeed damage from the truck.

[Turboh]

My totaled 2017 340iX. Dozed off for a couple of seconds. Great protection for my wife and I. Very sad, scary, and stupid on my part, but lucky. Insurance was excellent (Amica) and I was able to purchase a new 2020 330iX. I actually like this car better. Still...a hard way to go.

[AlpineX]

Originally Posted by Poochie

Thank you for the information.

I'm well aware of the process, in the insurance industry it's called "subrogation."

You're in the minority.

I was hit by a truck also and the driver denied responsibility.

Thanks to the photo below, Geico was able to recover 100% of the damages from the at-fault party, after a panel decided I was not at all liable.

The OP situation is different because he originally claimed he didn't make physical contact with the at-fault party, which put him a different category, making it more difficult to prove a tort but that point is moot now the he claim the was indeed damage from the truck.

Of course, insurance settlement procedure varies by state. Sounds like you are well versed.