Was involved in an accident while driving a commercial vehicle, do not think I was at fault...should I fight?

Question

I was involved in a minor accident while driving, (a vehicle about the size of a dump truck). I was making a right hand turn from a 2 lane road onto a 2 lane road. The road I was on was 2 lanes with a double yellow line (no passing) with traffic going one direction and the other lane going the opposite direction. There was no shoulder on the side, just a curb.The lane I was travelling in was slightly wider than the opposite lane and wider than a typical lane, but it was only a single lane, not 2 lanes. I was attempting to make a right hand turn onto another similar street whn a lady attempted to pass me at a high rate of speed. The problem is, she tried to pass me on the right hand side and ended up clipping my truck with her left rear quarter panel. I never saw her coming.
I got a ticket for "making a right turn when unsafe", that is the exact wording. Also, the Officer did not sign the ticket and he admitted he had little experience investigating accidents involving big trucks.

Answer 1

Let me see if I've got this right - you were traveling on a two-lane road and a car coming in the same direction tried to overtake you and hit you? Is that right?

If I have understood you correctly, then my answer to "Should I fight...?" is not just yes but Hell, Yes! Please let us all know when you are going to be in court with this woman on the witness stand. You could sell tickets to that one.

Surely they have the wrong person here? Was there a white line (broken or solid) back down the road which might indicate it is supposed to be a two-laner on the side you were travelling? If not, clearly the car behind you is in the wrong.

I'm flagging this to see what the responses are, particularly from LEOs

Answer 2

I'm a commercial truck driver.I drive big rigs.My experience is they will almost always try to put the trucker at blame.The company you work for has to investigate the accident and go to court to fight it for you or with you.They are better equipped and experienced to fight it if they are more then just a mom and pop company.It sounds like her fault but you may still be guilty of the ticket they gave you.It has to be better investigated and fought!!

Answer 3

From your description, she was not in a standard traffic lane, but was on the shoulder. If that is true, then she would be at fault for driving on the shoulder.

Also, if the officer did not sign the ticket, he may not be able to prove you were at fault.

Answer 4

If you are asking whether you should fight the ticket...

You would need to be able to present evidence in the court that the actions you were taking were both legal and safe. That would probably require an expert witness.

Ask youself, is the cost of an attorney and an expert worth it?

Answer 5

Yes, fight it, get a lawyer, but your company still might put it on your DAC as a preventable, they say every accident is preventable unless you are parked and someone else hits you , Commercial drivers are held to a higher standard and if there is any doubt they say it is preventable.

Answer 6

I think it is unfair for it to be your fault, but that's the way the law reads. If you swing over to make a right hand turn and someone passes you on the right, it is your fault.
That's the system.

Answer 7

I would. You can do a lot yourself by taking pictures at the intersection showing that it's a one lane. Etc, especially if she ends up claiming injuries...

Answer 8

You both seem to be partly to blame. The Lady who was speeding past,& you should not have speeded at a cross road junction.

Answer 9

Fight it , I think you have a good chance, if the officer will admit he was not sure in court ( if the officer even shows up in court)