Background story: Just missed my 99 in the city of industry at 0900 on a wends. (fun stuff) I was in the right lane going less than 10 mph with my hazards on (really did not want to miss this place, did it any way. one of those sat in the back of the lots of mass industrial area) #### there it was, okay start looking for somewhere to turn around a lot or something. I wasn't about to wander into an illegal route or bridge. Up about a 1/4 mile was a driveway that circled right around. Saw a rig go in and behind the building. I thought cool ill just get over in the center lane get out of this jam packed traffic now for a second.
I had cars lined up behind me from going so slow. so I indicated my intention. a nice vehicle flashed me you know after a while of sitting there. i started to merge and was watching this nice vehicle to make sure they weren't changing their mind. as i got over i checked my right mirror. of course that traffic took the chance and started flowing even though the trl was still partly in it. Got to love LA. Switched to left mirror and to late..... Ford impacted left side fender of my truck middle of his truck.
He went skidding off almost flipped. luck didn't. I stop. The tractor was in the lane completely, my trl driver tires were also in the lane. the passenger tires were in the right lane still. What does my dumb but do after 6 cars nearly hit me trying to go by the very same center lane. cars are as trying to go down the opening on the right side too. I move the truck before someone else gets hurt. no pictures just my 2 eye witness that saw the other guy maneuver illegally stopped traffic on the right so i could pull the truck out of the middle of the road.
Dot reportable; instant he had to be towed. Now for the question
I was not cited, ticketed, or inspected on scene. I am aware i am partially at fault for being a professional driver and changing lanes (right to left)
The officer spoke to one of my eye witnesses on scene. Told the officer what he saw. The other vehicle use the center lane as a travel lane and merged to close and fast.
Now come to find out after my issuance found both parties equally at fault. There is no record on my DAC or MVR. But there is this wonder accident on my PSP. I got a hold of the police report, the officer states " Vehicle #2 (me) is at fault for an unsafe left turn" He also has nothing on the report about the eye witness he talked to on scene. Or the other witness that my issuance company contacted both just fine.
So the question is: Since this is a commercial vehicle. Didn't he have to issue me a ticket on scene to make that statement in the report. Can he even directly say it was my fault? I have contacted OOIDA,and the FMCSA wont help because they do not acknowledge blame. They are not on any other report.
How can the Officer say I am not at fault, then turn around and directly blame me. As well as leave eye witness testimony out that was accepted by my insurance.
Thank you for any light you can shed on this issue. Im so lost about all of this....
Dot Reportable Accident- Not cited, inspected or ticket. On PSP but not DAC or MVR
Discussion in 'Experienced Truckers' Advice' started by Domino13, Jul 26, 2013.
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My best opinion would be...Hire a local (from the area of the accident) lawyer to investigate and give you guidance...Sounds like with the cop leaving info out of the police report, that they are setting you up to be the only one "at fault" if and when it goes to court (railroad job)...I take it that you don't live there, so you need a lawyer that's local to that area, or you could get more than your expecting in the end if you don't hire one...Sorry I couldn't help more...Good Luck to ya
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These articles are pretty corny but they tell you who to try to contest at fault findings to
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You have several questions here. Police reports are often vague and leave information out. Basically all they are doing is giving their opinion of what happened. I would say an easy way out would be to blame both parties fifty percent and go on. When insurance sees the report they will probably agree on shared responsibility and make everyone fix their own I would guess. As far as it being on your PSP, if the police report notes that you are commercial and a vehicle has to be towed it is a reportable no matter who is at fault. I suspect if DAC does a background check on you they will find it as well. When it happened to me it eventually showed up on my MVR as well. Also showed up on my safety snapshot with no explanation of what happened just accident with tow, which I thought was unfair since it wasn't my fault. Also cost me 1500 deductible to fix my own vehicle because the trooper that worked the accident didn't assign fault to ANYBODY. Growllll.
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I guess the biggest question I have is.
can the officer say I wasn't at fault on scene. No ticket, citation. And turn around and day I was?
2) insurance did find us both at fault. They took into account the eye witness testimony.
thanks everyone for the replies -
you can still be at fault and not get a ticket, its up to an officer if they wish to issue a ticket to someone. I had an accident when i first went solo, it was in a lot but either way the officer told me flat out he wasnt going to cite me because it wasnt wreckless bla bla but the accident was entirely my falt.
So yes they can set you free with no ticket or citation but then report it was your fault, they should of gave you a copy of the report right there though, I know the officer gave me and the other party carbon copies but then again could be different state to state. -
I don't believe an officer can find you at fault at the scene any more than they can convict you of a crime with an arrest. Even a ticket is just a summons to appear in court where a decision must be made.
Carriers or insurance companies may determine whether it was preventable or nonpreventable regardless of who was at fault. -
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So you are saying that the officer in the OP did not do his job correctly?
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