Would I be at fault if I hit the truck in front of me?

Forums › Transport (cars, bikes and boats) › Would I be at fault if I hit the truck in front of me?

starcub

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Topic # 204237 22-Sep-2016 21:47

This was on SH1 and this truck switched lane from the left most lane to the right most lane without braking at all.

I was doing 100 km/h and couldn't stop in time given short distance, so had to use the shoulder. If there wasn't enough room I would have hit the truck.

Normally in a rear-end collision, the car behind is at fault. But in this case, if I hit the truck, would I be at fault?

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Reply # 1639034 22-Sep-2016 21:52

Would likely come down to witness accounts and investigation.

Failure to stop short, vs unsafe lane change (video dead to confirm but would also come down to proper indication for 3 seconds to complete manouver)

Oblivian

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Reply # 1639042 22-Sep-2016 21:53

Hrm. Working now. It may be judged as improper merge. Noting that appears to be a dissolving lane

starcub

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Reply # 1639043 22-Sep-2016 21:54

Oblivian:

Would likely come down to witness accounts and investigation.

Failure to stop short, vs unsafe lane change (video dead to confirm but would also come down to proper indication for 3 seconds to complete manouver)

3 seconds rule would apply to switching for each lane? Apparently it was less the 3 seconds when the truck switched from middle lane to right lane.

Oblivian

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Reply # 1639046 22-Sep-2016 21:55

Time to ask the local constabulary a very detailed 'hypothetical', take it down and approach the company for them to respond

Oblivian

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Reply # 1639048 22-Sep-2016 21:58

I've not been brave enough to publicise most of mine. But I did have a gas carrying truck make a rather dodgy 'give way' attempt at a roundabout infront of me the other night. I wondered how their fleet manager would take it.

bcourtney

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Reply # 1639049 22-Sep-2016 21:58

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Absolutely he is at fault. You can't change two lanes in one manoeuvre I believe. Need to indicate for 3 seconds for first lane change, stop indicating, then indicate again for a further 3 seconds for next lane change.

What an idiot. I'd be inclined to show the footage to the police regardless.

Batman

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Reply # 1639057 22-Sep-2016 22:15

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It doesn't matter who's at fault. The stress and snowball effect of that situation itself is not worth the argument.

I've driven in Auckland before. Trucks and buses, the bigger they are, the less they care about you. If he wants to pull out he will pull out. If he's rounding the roundabout he will take up all the lanes whether you are there or not. If there is a bend in the road he will eat into your lane. They. Don't. Care.

Just avoid them. Better for you.

Swype on iOS is detrimental to accurate typing. Apologies in advance.

Batman

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Reply # 1639059 22-Sep-2016 22:16

Oh yes the smaller your car the more likely he will do that to you. What car did you drive?

Swype on iOS is detrimental to accurate typing. Apologies in advance.

BlinkyBill

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Reply # 1639060 22-Sep-2016 22:18

Yes

BlinkyBill

starcub

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Reply # 1639063 22-Sep-2016 22:22

joker97: Oh yes the smaller your car the more likely he will do that to you. What car did you drive?

Not a small car, a 7 seater wagon.

Linux

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Reply # 1639065 22-Sep-2016 22:28

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Truck driver is at fault here! You just can't cut across lanes like that it's an unsafe lane change, If I was you I would be contacting the company and showing management the footage

Trucks that size should also be banned from the fast lane

Batman

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Reply # 1639067 22-Sep-2016 22:32

Once i was going round a bend on great north road. The bus just came into my lane then he went back. At 60kph, great north road.

Then another time a truck & trailer entered a round about at the same time as me from the same entry road. He just turned into my lane coz he's so big and long. Just like that.

After that i figured out, big vs small ... Not worth the argument! For example i could be dead. Or brain damaged or something damaged. What's the point of arguing after that. That was worth more than the defensive driving paper i took to reduce the waiting time to sit my full.

What you do have to your advantage is your dashcam! Good on you! But yeah, good luck.

Swype on iOS is detrimental to accurate typing. Apologies in advance.

blakamin

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Reply # 1639068 22-Sep-2016 22:39

Anyone think that maybe the truck was just merging and the (blue) car in front of him was slowing too rapidly, for the red wagon in front of it, and the truck was trying to avoid rear-ending it? Because I've driven in Auckland, and like most other places, people can't merge to save themselves.

Personally... even just watching that first second of your video would've had me going waaay slower than 100 given that anyone in that middle (now left) lane could've moved right to allow easier merging.

starcub

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Reply # 1639071 22-Sep-2016 22:48

blakamin:

Anyone think that maybe the truck was just merging and the (blue) car in front of him was slowing too rapidly, for the red wagon in front of it, and the truck was trying to avoid rear-ending it? Because I've driven in Auckland, and like most other places, people can't merge to save themselves.

Personally... even just watching that first second of your video would've had me going waaay slower than 100 given that anyone in that middle (now left) lane could've moved right to allow easier merging.

Hmmm.. Don't think that was the case as the truck never applied brakes.

starcub

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Reply # 1639072 22-Sep-2016 22:50

joker97: Once i was going round a bend on great north road. The bus just came into my lane then he went back. At 60kph, great north road.

Then another time a truck & trailer entered a round about at the same time as me from the same entry road. He just turned into my lane coz he's so big and long. Just like that.

After that i figured out, big vs small ... Not worth the argument! For example i could be dead. Or brain damaged or something damaged. What's the point of arguing after that. That was worth more than the defensive driving paper i took to reduce the waiting time to sit my full.

What you do have to your advantage is your dashcam! Good on you! But yeah, good luck.

Yeah totally agree. At the end of the day, keep it safe is what matters...

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