Truck driver made a right-turn and crash on my car in my lane. Is he at fault ?

Asked about 1 year ago - Forest Park, IL

Hello,

The road has 2 lanes. I was driving in the right lane. The truck driver was in the left lane. At the stop-light, I started making the right turn while the truck driver also made the right turn at the same time. Right after turning, I was still staying in my lane (right most lane), but the truck driver was not. He turned all the way from his left lane to my right lane and crash my car. So, my question is: Whose fault is it ? Was I supposed to yield to truck when it makes turn ? Or, was it his fault because he was reckless when turning into my lane ?

My care has liability-only insurance. Do I have to call my insurance company anyway ? Or, should I make claim with the truck driver's insurance ?


thanks,

Attorney answers (8)

  1. Joseph Younes

    Contributor Level 14

    9

    Lawyers agree

    Answered . If the truck driver is listed in box one of the report, that is a go od sign for you. If it happened in Chicago go to CLEARPATH and order the full police report. It may be in your favor. Present a claim to the other insurance company.

  2. Jeffrey Ira Schwimmer

    Contributor Level 19

    8

    Lawyers agree

    Answered . Based solely on the version you provide, it would appear that the truck driver/owner are responsible for the damage to your vehicle, You should probabley advise your insurance company even though you only have liability coverage, just in case the truck driver/owner later try to make a claim against you. You should also pursue a claim against the truck driver/owner through their insurance carrier, and if they delay or refuse your claim, go to court without letting an unreasonable amount of time to pass.

  3. Stephen Laurence Hoffman

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Trucks often have signs saying "makes wide right turns," so likely the driver never saw you as you were in his blind spot.

    You definitely must report it to your carrier. You may also wish to make a claim with the truck insurer, although this will likely be a disputed liability situation.

    Your best bet is to use your carrier.

    Stephen L. Hoffman
    Law Office of Stephen L. Hoffman LLC
    Chicago, IL
    773-944-9737
    Email: stephen@hofflawyer.com
    Website: www.hofflawyer.com
    Blog: www.hofflawyer.com/blog/

    This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Submit the claim to his insurance carrier

  5. David Ian Schoen

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Both.

  6. Jonathan Peter Hayes

    Pro

    Contributor Level 5

    3

    Lawyers agree

    Answered . send the claim to the truck driver's insurance carrier, but do so through an IL lawyer.

  7. John F. Fox Jr.

    Contributor Level 10

    3

    Lawyers agree

    Answered . Notify both your insurance carrier and the truck driver's carrier.

  8. C. Donald Briggs III

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You should get the police report and then notify the insurance company for the truck that you are pursuing a claim. The way you describe how the crash took place, it appears that the truck was at fault. You should speak with an experienced lawyer if the truck's insurer does not offer to settle your claim to your satisfaction. You should also contact your own insurance company just to be safe.

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