Snowblower Tractor- someone plowed into me

[BrianGrenier]

It occurs to me that's been over 50 years since I've been t-boned in an accident.

I was was sitting at a stop sign and got hit by a runaway car.

Avis rent a car was doing an unsafe tow and their tow car came loose and hit my new car that I bought myself just before my dad died. He died just before Christmas.

I don't feel that my State Farm agent helped me at all and I was without a car trying to get to work.

Full coverage insurance for a 16 year old was $1/day, but full coverage didn't do much good.

 

[BrianGrenier]

Here's a hypothetical question. You're an employer and your employee gets into a traffic incident. Do you have the right to request the employees phone for review of usage at the time of the occurrence?

 

[cfherrman]

Probably not, you would probably need something in the police report or an admission from the employee.

 

[Welder Dave]

I wouldn't think so but if an investigation was required it would be something to bring up. In most if not all cases nobody is going to admit they're at fault. Why would the other driver try to help you? The only thing required is they provide their/the insurance information. Did the driver even do this?

 

[BrianGrenier]

The other driver never spoke with me but he did speak with the trooper and I now have the driver's name from the Trooper report. I am told that the employer is self-insured. I'm contacting the loss prevention officer to see if they will be accepting liability. In the report, the other driver claims no responsibility. It was a snowy road, the double yellow wasn't visible even though there was a sign before the incident and a narrowed roadway, if you know what I mean, there's no passing there.
What I need to get is a estimate of repair for the tractor.

 

[Acoals]

Pretty sure a search warrant of some sort is required to search the phone.

 

[Welder Dave]

As I mentioned previously, unless it was this driver's very first time on this road he should know it's a no passing zone. I highly suspect it wasn't. If he tried to claim he didn't know or didn't see the sign then he's admitting he wasn't paying attention. What if it was a school bus sign and a bus was stopped to pick up kids? If the road was so snowy with poor visibility what the hell was he thinking going in the other lane and passing? You have a lot of things in your favor and it's important to consider all the finer details. The guy didn't see the sign, didn't see your lights and rotating beacon or the snow you were blowing but somehow thought it was safe to pass on a road covered with enough snow he also couldn't see the center (double) line?? Yeah, he was really paying attention to the road and weather conditions! It could be worse, he could be looking at possible vehicular manslaughter or a dangerous driving charge and a huge lawsuit with you being injured lying in a hospital bed. It's very easy to sue in vehicle injury cases because lawyers by law can't take any fee's unless they are successful. You have nothing to lose but do need to have very detailed and accurate medical condition updates and conformation from Dr's. and other professionals.

 

[Truck Shop]

The term {good samaritan} in law is actually worthless and no standing in most states.
Washington State-Good Samaritan actions on a state highway depending on circumstances
can get you a ticket-you have no training in recovery, no traffic control, and are risking life
and limb and others by possibly helping. That is for tow companies, law has been on the
books for years. The liability by by pulling someone out of the ditch can go so many
directions.

 

[BrianGrenier]

@Welder Dave you're making very good points. Just a couple inches more and I surely would have had significant injuries!
He admitted to losing control after impact and ended up in the ditch in the opposite direction of travel quite a ways down the road.
It's possible that he was on the phone, or otherwise distracted.

 

[Truck Shop]

Phone can be checked in this state at time of incident if thought cell phone was a distraction,
because cell use in this state is a secondary.

 

[Welder Dave]

If the road was so slippery he lost control after hitting you is also indicates that he wasn't driving for the weather conditions and may have been speeding, talking on the phone or even texting. I remember years ago when a kid about 18 years old killed several people in a van or small bus by going into the wrong lane. He was banged up but the first thing he said (as if it were an acceptable excuse) was "I was texting".

 

[cfherrman]

Good luck checking my phone in any state without a warrant,

 

[Acoals]

You can contact the company that owns the truck and inform them that the HEF jury has declared them guilty . . .

 

[Welder Dave]

Good luck checking my phone in any state without a warrant,

I'm sure if an investigation was done it would/could include a check of phone records. Someone innocent wouldn't have an issue proving they weren't on the phone.

 

[Truck Shop]

I'm sure if an investigation was done it would/could include a check of phone records. Someone innocent wouldn't have an issue proving they weren't on the phone.

Yeah it's kind of like a pee test--what's the issue if you have nothing to hide.

 

[Welder Dave]

Would be good to remember the time of the accident as accurately as possible.

 

[BrianGrenier]

HEF investigating team and shark tank:
He said he was going 40-50, passing someone and I backed into him. My thoughts run to him being distracted, but if he's passing someone, he should've been attentive.

I say I was sitting there getting ready to blow the snow berm. I was not quite halfway in the lane, on my side of the road.

He didn't try to stop or sound a horn. He ended down the road about 170' with his truck parts all the way down the road and past him. A lot of his speed was absorbed by taking the back of my tractor off and the crush of his left front clip, but says he was going 40-50.

How long had he been driving that evening?
Was he trying to get back to the barn in under another hour to avoid overtime? (432pm, one hour to Anchorage) Maybe texting GF.?
Why didn't the driver he was over-taking stop?
Was there even another vehicle?
I would think of he's passing, he would have been More attentive.
Was he distracted with a phone? And maybe just wandered out of the southbound lane?
I don't think he ever saw me, all lit up with beacon, three sets of lights to the rear and three sets of lights to the front.
One set of lights to the rear light up the side of the tractor

He wasn't looking.

No one was going 40. Most folks are at 65 on the snow. Someone going 40 would have a very long line behind them.
Did he get a drug screen? No tickets, so it's not a criminal case.

Will the company pay for the estimates? I was getting my trailer ready today to tow it. They should pay for the tow and the estimates.

 

[Welder Dave]

You're way over thinking it to the point you're looking to clear yourself of wrong doing. Don't get all worked up over it where you're pulling your hair out and can't sleep. The company said to get an estimate. Look into getting that done. If the company is going to pay 90-100% of the repairs none of the other stuff matters too much. It's only if the company (or driver) doesn't want to pay or tries to blame you that the other stuff matters.

 

[crane operator]

I guess I’ll throw in some contrarian points.

You have no idea if he was distracted, on the phone, or passing anything, because you never saw him either. You’re sitting still , or backing onto a highway with a snowplow, with poor conditions? You said you were only looking the other way. Doesn’t happen if you’re looking both ways.

Trooper report says no visible lines for passing lanes , so he doesn’t write any tickets for fault so forget the cops doing anything. Any “what if” scenarios you guys are dreaming up, means absolutely nothing. Prove he knew it was a no passing zone, because he’s driven that road before? Never happen. Or all the “possible scenarios “ that could have occurred from his driving.

I “could have “ taken out a 747 today with a spot mirror off a truck, blinding the pilots but I didn’t. The other driver didn’t kill three little old nuns crossing the street. He hit a tractor plow that was backed onto the highway, by someone not looking both directions. In poor conditions.

They said they will fix your plow. All this fretting means nothing, unless they don’t pay.

If you needed it insured for loss of income/ replacement , you should have had your own insurance, and that’s not their fault, that’s on you. If you had it insured for repair or replacement, it would be your insurance company going after them for it.

I’m sorry it happened, I hope they come through and fix your plow. But I think any money spent on a lawsuit, would be better spent on a replacement snow mover.

 

[Welder Dave]

I agree with everything crane operator is saying. Go get an estimate since they told you too.

All of the suggestions I gave are only things that could be brought up if the company denies paying for repairs or changes their tune and tries to put the blame on you. In that case you'd probably want an investigation and a lawyer to try and avoid having to pay thousands to repair their truck in addition to paying for your own repairs. In the heat of things it's easy to forget the little details. You'd want to use every defence you can to help limit your liability. Municipal or gov't. employee's are sometimes held to a higher standard when driving "company" vehicles. Hopefully this can all be avoided and they pay for the majority of repairs to your snowplow. Avoiding lawyers is almost always the best solution. If you had to pay say $2000 and they covered the rest consider it a big win. In the mean time get a reasonable estimate from a qualified shop. If it's inflated or the shop isn't really qualified it's more likely to be questioned.