Who's at fault?

[ependydad]

Originally Posted by Cowracer

Going off the laws of Missouri and judging simply by who would get the ticket. Not accounting for who should have done what but simply from the legal standpoint.

You are required to maintain a lane, and when you deviate from that lane, you are responsible for being able to complete the maneuver safely. Coupled with the fact that it is technically illegal to pass on the right in Missouri, the bug was legally at fault in the crash.

You can argue the 'could haves': The dub could have just waited it out and got behind the truck it hit. The truck could have let the bug in.

Good post, Tim. Makes sense.

[MrJoe]

My guess is they both are at fault... Improper lane change and failure to avoid an accident.

[Cowracer]

There's a good lesson here. I have taught quite a few people how to ride motorcycles. And one of my lessons is that in any motorcycle accident, the motorcycle is at fault. (<-Period) Oh sure... legally the blame may be laid on the other driver, but what good will that do you if you are dead? I teach them that in any accident, you stand a very good chance of winding up dead. So if you allow yourself to be put in a position where the actions or inaction of another driver can kill you, you have already failed.

Most common motorcycle/car accident is car tuning left in front of a oncoming motorcycle. I teach them to assume that EVERY car will turn left in front them, and to be ready for it. Car rear-ends you while you are stopped at a stoplight? yep, your fault. You shoulda been in gear, and paying attention to what was bearing down on you. I teach them that any time another driver does something to surprise them they basically just been killed.

I used it in my last post, but my first three lessons to new motorcyclists are:

#1 you are invisible to everyone. Drive like it.

#2 the few driver that actually see you, will try to kill you. If a car is on a side street waiting to pull out.. he ain't waiting till you pass, he is waiting for you to get up there so he can pull out and kill you.

#3 "I did nothing wrong" looks like crap on your tombstone.

Pretty much all that can apply when its trucks vs. cars

Tim

[Wiscampsin]

I think it all boils down to some/most drivers not being courteous on the roads. Unfortunately it's a sign of the times and the 'me first' attitude. I witness rolling stops all the time. Problem is in my state if you hit them in the back you're at fault.

[whj77372]

Rules of the road, keep right except to pass, we are supposed to drive friendly here
in Texas. It looked like the truck was speeding up to not let the auto in?

[Charliec]

Based on what I can see from the video, I would have slowed if possible and had a much better day. The VW driver was an idoit but there are a jillion of those guys out there so I try to dodge them.

[Ford Idaho]

Where is it written that the slower rig must yield to the faster one?

The truck has every right to be in the left lane as it is quite clear he is quickly (but not fast enough for mr vduub) gaining on slower traffic.

[jriddering]

I like that. Smart thinking for bikers.

[jriddering]

Originally Posted by Cowracer

There's a good lesson here. I have taught quite a few people how to ride motorcycles. And one of my lessons is that in any motorcycle accident, the motorcycle is at fault. (<-Period) Oh sure... legally the blame may be laid on the other driver, but what good will that do you if you are dead? I teach them that in any accident, you stand a very good chance of winding up dead. So if you allow yourself to be put in a position where the actions or inaction of another driver can kill you, you have already failed.

Most common motorcycle/car accident is car tuning left in front of a oncoming motorcycle. I teach them to assume that EVERY car will turn left in front them, and to be ready for it. Car rear-ends you while you are stopped at a stoplight? yep, your fault. You shoulda been in gear, and paying attention to what was bearing down on you. I teach them that any time another driver does something to surprise them they basically just been killed.

I used it in my last post, but my first three lessons to new motorcyclists are:

#1 you are invisible to everyone. Drive like it.

#2 the few driver that actually see you, will try to kill you. If a car is on a side street waiting to pull out.. he ain't waiting till you pass, he is waiting for you to get up there so he can pull out and kill you.

#3 "I did nothing wrong" looks like crap on your tombstone.

Pretty much all that can apply when its trucks vs. cars

Tim

Try this again . Great advise.

[KMP44]

Originally Posted by ependydad

I thought you had an obligation to avoid an accident where possible? Maybe I'm mixing up boating laws..

Again, speaking solely from this video in the confines of my warm office which is looking out at the snow, the dash cam trucker could have avoided the accident fairly easily but didn't yield when the VW (inappropriately) merged.

No - you are right - at least in some states. Not sure if its universal, but "duty to avoid" requires drivers to try to avoid an accident even if the other driver is at fault.

Driver Duty or Duties in a car accident

Whether that takes some percentage of the liability and puts it on the truck in this case is a judgment call. It would be interesting to see how this case ended up.

[Arefbee]

First off, thank your higher power no one was killed.
The trucks have a lot more inertia. The drivers need to be more zen sometimes and back off. Yes the 4 wheeler was stupid, but almost anyone can drive a car - driving a truck takes a heck of a lot more skill; if it was easy, anyone could do it.
I have never driven (closest is hauling the TT, and I know that is not the same), but have several friends who do. They shake their heads at the stupid stuff that goes on, but all agree the best thing to do is not be involved in it. None of it is personal, just humans being the dumbest animals out there some times. IMHO.

[ependydad]

Originally Posted by Ford Idaho

The truck has every right to be in the left lane as it is quite clear he is quickly (but not fast enough for mr vduub) gaining on slower traffic.

I think the truck was in an appropriate lane- he was keeping up with traffic in the left lane and they were all passing the semi in the right lane.

[4mula1fan]

Yep, the boneheads never cease to amaze me...

[txboy]

4 wheelers fault. Truck drivers have a right to the left lane to pass just like everyone else. The car wasn't entitled to merge in front of truck. Should have been more alert.

[Happy Vibe]

The truck driver should not have sped up. You can tell this by the fact that the distance from the car in front of the semi (not the VW) gets allot smaller when the VW puts his signal on.

[TURBS]

Originally Posted by txboy

4 wheelers fault. Truck drivers have a right to the left lane to pass just like everyone else. The car wasn't entitled to merge in front of truck. Should have been more alert.

Not in Chicago they don't! [emoji12]
Trucks must maintain the posted lane at all times.
Do they ? No

TURBS

[4mula1fan]

Never argue with something that weighs 75000 lbs more than you do. The driver could have, and should have lifted off the throttle, but the Vdub drivers actions are all too common. "It's all about me" almost cost some lives.

[pwrstroke2012]

If the semi driver was paying more attention and not talking on phone, the accident could have been avoided. Or maybe he knew what he was doing and decided not to let the little car over simply because he didn't want to slow down. Plus, the driver of car should have never pushed the lane change in front of a big semi. Accidents are always the result one or more avoidable events.

[Iwritecode]

Originally Posted by wmtire

As far as the phone conversation, I can't say for certain it was the semi driver or perhaps a passenger in the semi.....as many trucks have two people in them depending on their destination and time schedule for what they are hauling.

At the end you can hear him say "I gotta go, bye-bye." So he was probably on the phone.

[TURBS]

Could have and most likely was a hands free call.
Commercial otr tractor trailer must use hands free calling. "Hefty fine if not"
Was he? Who knows

TURBS