Dude the truck takes up both lanes even if the truck pulled up to the tree and you said he was backing up. Not going to argue over this...its not relevant other that what difference would it make if the truck was stopped making a turn into the driveway and there was a car on the other side? You still would have hit the truck. It doesn't change the outcome.

That's different. The guy who made a U-turn entering the roadway when it wasn't clear and safe to do so. The truck was already moving backwards into the driveway, meaning it was probably in the roadway for at least 10 seconds.

I don't follow the "if you weren't doing this, then I wouldn't have done that". Example: if a cop crashes chasing you and he is 1/2 mile away, I don't think its "your fault". They may blame you, but the cop is in control of the vehicle, not you. You have -0- influence of the outcome. Same applies here. He is in 100% control of the vehicle with no influence from the truck driver.

sorry... but I don't care if you have 10 mins of clear road... if you block the road and it results in an accident... YOU ARE AT FAULT.

especially when you do so buy a blind crest with no flagger or sign warning traffic.

Nobody is saying anything about speed, conditions etc. It was an accident and shit happens. But what gets me is to blame the truck driver for something he has absolutely no control over just because he is moving perpendicular to the road instead of being parked.


What if a cop was blocking it? Cops fault?

Yea, going by ebbs' reasoning (which I agree with) what difference does it make if its a cop? No flagger, no warning, blocking road after a blind hill, the cops at fault.

What if your turning right, but your car stalls on the turn and your in the middle of the road. Still your fault?

I could go on...The vehicle in front has the right of way as long as another vehicle does not enter the path of the moving vehicle within ample stopping distance. People turn in front of people everyday. If you turn left and the car stops in the road, but the car coming from the other way keeps coming (has ample time to stop) but hits the car anyway, it is the car's fault that hit the car turning left.

What if some car hit a deer and the traffic backed up 10 cars and was stopped and you rear ended the last car...Is it the last cars fault?

Your in control of your vehicle. When entering a hill you have to slow down enough to stop for a potential vehicle stopped on the other side. Pure and simple. I'm not saying this accident could be avoided as that is not the arguement at all, but you don't get a free pass to just hit whatever the hell you want when that vehicle in the roadway did not enter into your path and claim its not your fault. It's passing the blame.

And no one said you do. Youre just taking this as literal as possible now. All Im saying is that if youre following the speed limits suggested for that road and you still cant avoid the accident because someone else is doing something stupid (ie crossing double yellow, blocking road, etc) then its not your fault.

Yeah...but you guys are saying its the truck drivers fault. I'm saying its not.

ok... what if the truck was pulling out of the drive way? he's impeeding traffic... and caused an accident...


yes... if the cop was stopped... he would be at fault. I don't know about MI... but in oregon... if you are broke down on the road... YOU MUST move the vehicle completely off the road... if you cannot get the vehcle completely off the road... YOU MUST PLACE FLAIRS AND/OR REFLECTIVE MARKERS 50 Yards before to warn drivers. and before you start picking this apart... the law actually says vehicles IMPEEDING TRAFFIC... ie broken down, blocking the road, or slow moving vehciles (they can get away with flashers as they have to be visible from >50yards)

so really it depends on the states...

he's backing up on a public road with out a warning to traffic... how is it not?