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What's the safest way to react? Car/trucking accident

Houston, TX |

If I'm driving a semi with cargo, and I'm heading down a 55 mph road, it is my right of way, and I see a yellow intersection warning sign and then large shrubbery, but it is difficult to visibly see an intersection ahead, and then Car A pulls into a left turn from that somewhat hidden intersection and I hit them, what could my best, safest choice have been? Do I pull into the left lane and hit Car B and property? Should I have slowed down near that somewhat hidden intersection in case traffic didn't see me? Or ran into the right-side ditch after hitting Car A?

If I made the decision to pull into the left lane after hitting Car A's nose and subsequently hit Car B and damaged left-side residential property, is that my responsibility or Car A's liability since I reacted to them?

Attorney Answers 5

Posted

You do know we see your previous questions, right? The truck had the right of way, when the car pulled out the truck was in an emergency situation, required to make split second decisions. So the truck driver is not going to be second guessed for going to the left, even if there had been a safer way.

This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be aware that there are time limits on all claims that depend on the kind of claim, so do not delay in seeking an attorney.

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1 comment

Asker

Posted

I know, sir. I'm just trying to understand this situation from each point of view.

Posted

The burden is on the truck driver to make safe decisions and proceed carefully. Under the Federal Motor Carrier Safety Regulation, a truck driver has an increased burden to look out for dangerous conditions and adjust his driving accordingly. I believe that the safest thing for a truck to do would be to slow down (which is hard when you're carrying a load that's often too heavy).

If you're injured, contact a trucking attorney.

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2 comments

L. Vincent Ramunno Jr.

L. Vincent Ramunno Jr.

Posted

Good points

Asker

Posted

Thank you so much for your time, sir!

Posted

Report to your ins co and let it defend you.

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Posted

Generally, the safest way to react is defensively and with caution. If you can avoid an incident, you should always do so.

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Posted

You should report this to the auto insurance company and consider consulting with a local attorney, good luck

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