ANSWERS: 10
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id you get a olice report? because it could go either way reall. You could prove the driver didn't use a turn signal then he would more than likely be at fault but since it is stated on semi's that they make wide right turns it might end up on you. It really boils down to what the cop who did the report wrote in it. They (insurance agencies) will use that to help determine who was at fault. But if you didn't have a report filed right then and there and left the scene you more than likely will be responsible for your own damages.
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if there was no turn signal flashing on the semi, then its their fault, but otherwise it could be your's in court. The truck has a warning on the back that says "warning, this vehicle makes wide right turns" and i see semis making wide rights all the time, thats just how they turn. You're gona need to consult and auto collision lawyer or someone who knows more, but i know semis have those warnings on the back of them for a FACT!
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tell the judge that you assumed the truck would not turn right, and you will lose. assuming anything is a dangerous attitude. Sure we do assume much , yet we are ready for a surprise.
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If he was in a left or strait only lane that was marked as such and you were in a right turn lane, then you should win. I know semi's need to make wide right turns, but they are still bound by the same traffic laws as regular vehicles. He should have stayed in the right lane and then swung wide as he came up to the turn, using turn signals and flashers. You don't just pull up in the wrong lane and assume that people are going to know you are going to turn the wrong way. (Btw, assume is never a good word to use in court. Just state the facts, and something like, How was I to know he was going to turn the wrong way?) I would consult an attorney at least. A lot of firms off a free consult, or will agree to get paid only if they win your case for you.
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as a CDL driver, im never compleatly out of that right lane if im turning, i take up both lanes, because i know there are moron drivers that will just pull up next to you without even thinking about it. you wouldnt believe how many times i have gotten cut off comming to a stop light and some car pulls in front of me, just to be the 1st at the light. but as a truck driver, you should always know whats going on near your truck 100% of the time. as for fault, thats upto the police report, and how it plays out to the judge. its not your road, you have to share it. please learn to drive defensively.
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If the semi was in the turn left or straight lane, and you were BESIDE the truck to the right, turning right, then the semi is at fault. The stickers you see are for when there is space in between the curb and the semi and you are trying to make a right WITH the semi. SO stickers are not a defense to breaking the law.....you will win....;)
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Semi is at fault. Wide turns are their responsibility and a lane restrictions violation if an accident occurs.
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It sounds like the semi was at fault. He should of had his signal on and been partially in the right lane. Good luck!!
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Did he have on his right turn blinker? Sometimes, large trucks need 2 lanes to make a turn.
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Same thing happened to me about 25 years ago. Sorry truckers you loose!
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