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Old 09-29-2010, 07:27 PM   #1
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Whos at fault?

At about 3:10 this afternoon, I was pulling out on 49th close to Argyle facing west bound. It was a red light and traffic was stopped and the car closes to me was stopped and the cement truck was about 2-3 car lengths away stopped. I began to creep out as I thought he was yielding to me. Got half way out and traffic began to move slightly, I got 3qt's out and at the same time the truck began to roll and squashed me between the truck and the park car in front of me. Damages are to the rear panels majority drive side.

Any input would be greatly appreciated! TIA!
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Old 09-29-2010, 07:30 PM   #2
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that is the worse picture ever wtf it looks like ur in a parking lot or some shit in the pic cause I dont see intersection lines

however from ur description I would say either trucks fault 100% or 75% truck 25% you.
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Old 09-29-2010, 07:33 PM   #3
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Hard to say really, but I failed you because of the shittiest pic I've ever seen. It's better understood without the pic.
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Old 09-29-2010, 07:35 PM   #4
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I think you're screwed unless you have a witness.
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Old 09-29-2010, 07:36 PM   #5
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say what?????
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Old 09-29-2010, 07:45 PM   #6
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the truck driver could easily say you pulled out without making sure the traffic (right of way) was clear.

do you have a witness?
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Old 09-29-2010, 08:04 PM   #7
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I was unable to get any witness, the 49th bus came and all those at bus stop were gone. And the cars behind the truck were unable to see what had happened till the truck drove in front and at this point it was hard to flag the cars down.
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Old 09-29-2010, 08:19 PM   #8
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Were you the beige Acura CL with the crushed driver's rear quarter parked on 49th?

From what you've mentioned it sounds 50/50. Better post some witness needed flyers at the bus stops there.
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Old 09-29-2010, 08:38 PM   #9
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Quote:
Originally Posted by twitchyzero View Post
the truck driver could easily say you pulled out without making sure the traffic (right of way) was clear.

do you have a witness?
+1 IMO It's 100% your fault as it looks like you were forcing your way out from the curb so unless you're a bus truck driver has the right of way. It was probably hard for the truck driver to see you anyways. You might be SOL but depends if you have any witnesses :/
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Old 09-29-2010, 08:58 PM   #10
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Ya your fault... You were "merging" and your supposed to do it safely.. In this case it was not safe as the truck driver obviously didnt see you becuase his front is soo long... You should be more careful when you are around trucks as there are many blind spots.
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Old 09-29-2010, 09:03 PM   #11
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I would say the fault lies with your Art teacher cuz that drawing is terrible.

Berz out.
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Old 09-29-2010, 09:33 PM   #12
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lol ur pic looks like this

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Old 09-29-2010, 09:49 PM   #13
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your at fault unless u have a witness...i got some idiot that changed lanes and side swiped my car and like an idiot, i got no witnesses... it went 50/50 -.-
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Old 09-29-2010, 10:09 PM   #14
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100% your fault. The truck has zero obligation to let you out just coz "your signals were flashing"

it's still your responsibility to make sure it's clear to pull out. The truck driver will admit nothing. "you think he's yielding" is no excuse to pull out of the space knowing that the truck is there. No witnesses? GG.
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Old 09-29-2010, 10:26 PM   #15
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50/50

Despite what others here think, the truck driver does have an obligation to avoid an accident if he can (it is in the MTA, I'll see if I can find the section). If you had as much space as you claim, and traffic was slow, then the truck driver should have been able to stop especially considering how far you got out into the lane.
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Old 09-29-2010, 11:02 PM   #16
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100% your fault. The truck has the right of way as he is already established on the road. You are going from a stopped position pulling out into the roadway. Just because you 'think' that the truck is yielding to you does not mean it was. It is your responsibility to ensure that the way is clear and safe.
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Old 09-30-2010, 12:12 AM   #17
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Quote:
Originally Posted by taylor192 View Post
50/50

Despite what others here think, the truck driver does have an obligation to avoid an accident if he can (it is in the MTA, I'll see if I can find the section). If you had as much space as you claim, and traffic was slow, then the truck driver should have been able to stop especially considering how far you got out into the lane.
That's really vague to enforce. He might have "slammed his brakes" to avoid it but it doesn't mean he has any fault in suddenly having a car that pull out in front of him inches away, against common sense or right of way rules.
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Old 09-30-2010, 12:19 AM   #18
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Damn. Don't assume he's gonna stop for you and allow you to creep out. Need some witnesses if you want this to favor you.
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Old 09-30-2010, 12:21 AM   #19
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your fault 100% sorry bro. you were pulling into the street.
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Old 09-30-2010, 12:41 AM   #20
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Seems more to your fault... 100%? 75%? at best, 50%
You had no right of way.
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Old 09-30-2010, 06:40 AM   #21
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That's really vague to enforce. He might have "slammed his brakes" to avoid it but it doesn't mean he has any fault in suddenly having a car that pull out in front of him inches away, against common sense or right of way rules.
The whole incident is vague, thus why I stated my assumptions. Low speed, with 3 car lengths of room, the truck has an obligation to stop. Your assumptions are obviously different, yet not inline with what the OP posted.

If I saw 3 car lengths of room and a slow moving truck, you bet I'd pull out into the space. That's common sense. Yet you twist it to say he squeezed his car into inches of room, which is not what he posted.

A car cannot speed up to suddenly take away what appeared to be a reasonable amount of space, no matter if they have the right of way. This is why drivers have an obligation not to cause an accident, cause otherwise you could just run your car into everyone who does something stupid - and trust me, there's times I want to do that, my front bumper could use a repaint
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Old 09-30-2010, 06:52 AM   #22
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100% your fault.

The fact that you even have to ask... tells me you need more driving training.
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Old 09-30-2010, 07:28 AM   #23
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The whole incident is vague, thus why I stated my assumptions. Low speed, with 3 car lengths of room, the truck has an obligation to stop. Your assumptions are obviously different, yet not inline with what the OP posted.

If I saw 3 car lengths of room and a slow moving truck, you bet I'd pull out into the space. That's common sense. Yet you twist it to say he squeezed his car into inches of room, which is not what he posted.

A car cannot speed up to suddenly take away what appeared to be a reasonable amount of space, no matter if they have the right of way. This is why drivers have an obligation not to cause an accident, cause otherwise you could just run your car into everyone who does something stupid - and trust me, there's times I want to do that, my front bumper could use a repaint
ya but it's a guy who's trying to explain his story to get himself a favorable claim, you have to assume all distance measurement he told you is exaggerated / underestimated first, then go from there.

Because that's how ICBC like to do. If the big man says no it's a no.
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Old 09-30-2010, 11:00 AM   #24
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Quote:
Originally Posted by taylor192 View Post
50/50

Despite what others here think, the truck driver does have an obligation to avoid an accident if he can (it is in the MTA, I'll see if I can find the section). If you had as much space as you claim, and traffic was slow, then the truck driver should have been able to stop especially considering how far you got out into the lane.
read it again:
Quote:
It was a red light and traffic was stopped and the car closes to me was stopped and the cement truck was about 2-3 car lengths away stopped. I began to creep out as I thought he was yielding to me.

If it is a big truck, they have blind zone. You can't just pull right infront of them from the right.
Actually some motorcyclist have been killed because of this. They pull right infront of a big truck because of the extra room trucks leave. Then stall the bike when light turns green. Truck driver doesn't even know theres a bike infront of him and runs the guy over.
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Old 09-30-2010, 11:27 AM   #25
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read it again:

If it is a big truck, they have blind zone. You can't just pull right infront of them from the right.
You read it again. 2-3 car lengths is not "right infront of them" and should be more than enough space for a truck driver to see over the hood. Trucks do have a blind spot, yet it is not as big as you're misleading otherwise they've never beable to drive forward or judge when to stop cause they couldn't see the vehicle immediately infront of them. Motorcycles are obviously different cause they are 1/2 the length of a car and would fall into the truck's blind spot.

So either the truck driver was lazy and didn't see the car, the truck was not stopped, or the OP did not have 2-3 car lengths as stated. You can make your assumptions, I am using what the OP posted.
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