Accident question

A

Ashtop

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Hi,
Any advice would be appreciated.

This happened this morning.
Where two lanes merge, a large fleet liner truck failed to give way and tried to push me out of the merging lane. This was at crawling pace, since traffic was at a standstill
He's left front tire scrambled the right, back side of my car. Mostly due to the lug nuts.

It could be argued that he did not see me, although I doubt that since I was halfway in front of him. The damage on my car also shows the positioning.

But when this happened, we both stopped, I pulled out in front of him about 5 - 10 meters and stopped to get out. As I was about to, he lunged forward and rammed my car in the back breaking my tail light and bumper.

What should I make of this? Assault? What is the law's position on this?
Without witnesses, would I be wasting money and time taking this further? I know some companies have driver cams, and this should show his actions. Do I have any legal right to this footage?
 
Ashtop said:
Hi,
Any advice would be appreciated.

This happened this morning.
Where two lanes merge, a large fleet liner truck failed to give way and tried to push me out of the merging lane. This was at crawling pace, since traffic was at a standstill
He's left front tire scrambled the right, back side of my car. Mostly due to the lug nuts.

It could be argued that he did not see me, although I doubt that since I was halfway in front of him. The damage on my car also shows the positioning.

But when this happened, we both stopped, I pulled out in front of him about 5 - 10 meters and stopped to get out. As I was about to, he lunged forward and rammed my car in the back breaking my tail light and bumper.

What should I make of this? Assault? What is the law's position on this?
Without witnesses, would I be wasting money and time taking this further? I know some companies have driver cams, and this should show his actions. Do I have any legal right to this footage?
Click to expand...

Do you have insurance on the vehicle?
 
failed to give way and tried to push me out of the merging lane.
Click to expand...

So you were in the left lane, the right lane was ending soon.. and the truck was in the right lane?

Seeing as his front left wheel hit your back right, you can probably argue he is at fault.

(If the left lane was ending YOU are at fault for not giving way)

As for the subsequent rear collision; he's probably at fault for that too.

In my opinion (as a layman) you would be in your rights to lay charges of assault - but also I doubt you'd get very far doing so without a witness.
 
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supersunbird said:
So no insurance?
Click to expand...

Yes, I do have insurance.

And yes, I am stupid for thinking others to be considered drivers, especially in back to back traffic, but the initial contact is not my concern here. It is the subsequent action of ramming me deliberately.
 
Ashtop said:
Yes, I do have insurance.

And yes, I am stupid for thinking others to be considered drivers, especially in back to back traffic, but the initial contact is not my concern here. It is the subsequent action of ramming me deliberately.
Click to expand...

just get your case number at the police station. fill in your claim form. give his details to your insurance and let them take care of it. honestly not worth the hassle.
 
Exact same thing happened to me a year ago. I was merging and in front of the truck from the start. He just kept coming (on purpose) and made contact with right rear of my car. After the contact we argued by the side of the road and then agreed to exchange details. He walked to the truck jumped in and drove away. Got the plates and company name. Called his manager, trying to lay a claim. He laughed at me. Insurance tried to get them to pay, but company was liquidated a few months later :(
 
As a general rule, try to take cellphone pics of the scene, from as many angles as possible, at the time of the incident.

To my limited knowledge though, if one lane ends (with an angled line), whilst the other lane is uninterrupted by markings, then there's not really a rule stating that vehicles in the ending lane have any right of way to merge with the ongoing lane. In heavy traffic, it's courteous to allow vehicles from the other to merge in front of you, as long as you aren't causing a risky obstruction of traffic flow in your own lane.

Edit: interestingly, my colleague feels that someone who doesn't allow a driver from a feeder lane to merge in front of them, can be charged with reckless endangerment.
 
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flarkit said:
As a general rule, try to take cellphone pics of the scene, from as many angles as possible, at the time of the incident.

To my limited knowledge though, if one lane ends (with an angled line), whilst the other lane is uninterrupted by markings, then there's not really a rule stating that vehicles in the ending lane have any right of way to merge with the ongoing lane. In heavy traffic, it's courteous to allow vehicles from the other to merge in front of you, as long as you aren't causing a risky obstruction of traffic flow in your own lane.

Edit: interestingly, my colleague feels that someone who doesn't allow a driver from a feeder lane to merge in front of them, can be charged with reckless endangerment.
Click to expand...

its simple.. 1..2..1..2..1..2 but some people dont get that. think they clever by blocking the other lane. in traffic it has to be 1 2 1 2 1 2

but when there isnt peak traffic you get the guys who think they fast and come racing past you in the feeder lane and are happy when they swoop in ahead of you. what they dont realise is that you have seen them already. already starting slacking cos you know his a idiot. wonder what will happen if one doesnt accomodate these morons...
 
akescpt said:
its simple.. 1..2..1..2..1..2 but some people dont get that. think they clever by blocking the other lane. in traffic it has to be 1 2 1 2 1 2

but when there isnt peak traffic you get the guys who think they fast and come racing past you in the feeder lane and are happy when they swoop in ahead of you. what they dont realise is that you have seen them already. already starting slacking cos you know his a idiot. wonder what will happen if one doesnt accomodate these morons...
Click to expand...

I was in first gear, that was the kind of speed we were going at. And my mistake was making the 1 2 1 2 assumption, which I always do but won't again.

But then he decided to ram me a bit as well. I've mentioned this in my statement to the police. I'll wait and see what happens next.
 
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