If I Read This Right The Truck Driver Did Not Cause The Wreck

Topic 16124 | Page 1

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Big Scott's Comment
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What do you think?

Regional:

Regional Route

Usually refers to a driver hauling freight within one particular region of the country. You might be in the "Southeast Regional Division" or "Midwest Regional". Regional route drivers often get home on the weekends which is one of the main appeals for this type of route.

miracleofmagick's Comment
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Well, to begin with he was making an illegal u-turn. In doing so he created a hazard in the road which the other driver had to go around. So while he didn't directly make the other driver lose control, he definitely had some fault. Add in being over his hours of service, he's definitely looking at some trouble.

Kevin H.'s Comment
member avatar

Well, obviously he shouldn't have been using the turnaround, for exactly that reason, because it's dangerous. So probably that's going to make him responsible. And he should be at least partly responsible, I think. But I also think no matter what vehicle you drive, you ought to be driving so that you could stop if someone comes to a stop in the left lane.

Big Scott's Comment
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Thanks guys. I knew others would see it different.

Parrothead66's Comment
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He caused the wreck by making a u-turn illegally and in front of oncoming traffic. If he's not making the u-turn the other driver doesn't have to drive around him.

LDRSHIP's Comment
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Both drivers have some fault. The trucker should not of been making an illagal U-turn and the other driver was probably driving recklessly. As there no other explanation for them to swerve so violently as to lose control. The things that jumps out at me was the driver had been driving 3.5 hours past the service limit. With max drive time being 11 hours; he was over on duty service as well. That would put him at 14.5 hours of on duty time IF he started driving as soon as he started working. His on duty time was probably longer since you have your pre trip and the mandatory 30 min DOT break by the 5th hour.

Anyways that is my view point. Then again I am only a rookie still in school for his CDL.

CDL:

Commercial Driver's License (CDL)

A CDL is required to drive any of the following vehicles:

  • Any combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing the gross vehicle weight rating (GVWR) of the vehicle being towed is in excess of 10,000 pounds.
  • Any single vehicle with a GVWR of 26,001 or more pounds, or any such vehicle towing another not in excess of 10,000 pounds.
  • Any vehicle, regardless of size, designed to transport 16 or more persons, including the driver.
  • Any vehicle required by federal regulations to be placarded while transporting hazardous materials.

DOT:

Department Of Transportation

A department of the federal executive branch responsible for the national highways and for railroad and airline safety. It also manages Amtrak, the national railroad system, and the Coast Guard.

State and Federal DOT Officers are responsible for commercial vehicle enforcement. "The truck police" you could call them.

Pianoman's Comment
member avatar

What do you think?

Big Scott, I'm curious, why do you think he wasn't at fault? (Not criticizing, just want to know)

I agree with Bald Fade--they were both at fault. There's a reason we aren't allowed to use those turn-arounds. But, at the same time, other drivers do the same sort of crap all day around me and I don't crash because I'm driving at an appropriate and legal speed and keeping a proper following distance.

And 3.5 hours over on your HOS is way too much. Other than one time the week after I got out of training, I've never gone more than maybe 10 minutes over on my hours, and to go over by even a minute is very rare for me.

As far as facing manslaughter charges if the guy dies, I don't know. I'm hard-pressed to say that's really fair, considering he was not entirely to blame. Yes, our job is to be taken very seriously, but it's clear to me that the person who lost control was not paying attention and driving safely. There's no way that truck was able to safely come to a stop like that faster than a four-wheeler. I think the truck driver should face charges, but I think manslaughter is too severe in this particular case.

Regional:

Regional Route

Usually refers to a driver hauling freight within one particular region of the country. You might be in the "Southeast Regional Division" or "Midwest Regional". Regional route drivers often get home on the weekends which is one of the main appeals for this type of route.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OWI:

Operating While Intoxicated

Pat M.'s Comment
member avatar

Paul, I have to disagree with you on this one. For one, if he had followed the HOS rules that truck would have never been in that location to begin with. Just for that fact alone, this driver is totally at fault.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.
Big Scott's Comment
member avatar

double-quotes-start.png

What do you think?

double-quotes-end.png

Big Scott, I'm curious, why do you think he wasn't at fault? (Not criticizing, just want to know)

I agree with Bald Fade--they were both at fault. There's a reason we aren't allowed to use those turn-arounds. But, at the same time, other drivers do the same sort of crap all day around me and I don't crash because I'm driving at an appropriate and legal speed and keeping a proper following distance.

And 3.5 hours over on your HOS is way too much. Other than one time the week after I got out of training, I've never gone more than maybe 10 minutes over on my hours, and to go over by even a minute is very rare for me.

As far as facing manslaughter charges if the guy dies, I don't know. I'm hard-pressed to say that's really fair, considering he was not entirely to blame. Yes, our job is to be taken very seriously, but it's clear to me that the person who lost control was not paying attention and driving safely. There's no way that truck was able to safely come to a stop like that faster than a four-wheeler. I think the truck driver should face charges, but I think manslaughter is too severe in this particular case.

Paul, I wasn't sure what the other driver was doing. Here is the rest of the story. The original story.

Regional:

Regional Route

Usually refers to a driver hauling freight within one particular region of the country. You might be in the "Southeast Regional Division" or "Midwest Regional". Regional route drivers often get home on the weekends which is one of the main appeals for this type of route.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OWI:

Operating While Intoxicated

LDRSHIP's Comment
member avatar

The original story definitely paints it a different light. It is also far better at stating in what way the trucker had violated the HOS.

Idk, if the vehicle was truly following at a "safe distance" then the driver would have had zero issue coming to a complete stop.

The truck driver is definitely in the wrong for violating HOS. He definitely shouldn't be making an illegal U-Turn. I just have a hard time saying he is the only one at fault. The driver of the 4 wheeler should of come to a complete stop. Then proceded around the tractor trailer when it was clear. Hindsight is 20/20, I guess.

HOS:

Hours Of Service

HOS refers to the logbook hours of service regulations.

OWI:

Operating While Intoxicated

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