mmd
Active Member
Yes. truck was at fault since the news report indicates charges were pending and clearly the truck was blocking oncoming traffic!
Let me repeat that... The truck was blocking oncoming highway traffic!
Of course the tesla has the right-of-way on its highway lane. It's HIS lane
Now clearly the trucker didn't see the tesla and trucker failed to yield.
Likewise, the tesla driver didn't see the truck in his lane in time to brake or avoid the full length of a perpendicular tractor and trailer across the lanes of the highway. Looks like the tesla would've had to completely leave his lane and maybe even the highway to avoid the length of the semi truck.
Finally, I will say that it's possible but not likely that the tesla was significantly speeding. The car logs would indicate that. The police interview didn't cite that reason and tesla motors would've known that too. So, we can rule out "gross speeding".
The report indicated "charges pending". Logically who is the more likely party to be charged based on what we know? The car in its lane or the truck blocking a highway lane??? Really?
I have not seen the police report or more data. Has the police determined who was at fault? If you have further details, please provide a link.
I was found at fault once for hitting a bicyclist riding on the wrong side of the road! Fortunately, it was at very low speed when making a right turn. So, I won't be so dismissive. Here, the truck was making a legal left turn.The insurance companies will try very hard to prove the other party at fault. Your conclusion "Clearly, trucker didn't see the Tesla", is that based on some statement from the trucker?
Just because you are driving in your lane doesn't mean you can keep going. There could be animals, pedestrians, stopped trucks, anything. The driver is supposed to watch out and take actions for these.
Here is what CA DMV handbook says. I emphasized the two pieces impoartant for the two parties.
California Driver Handbook - Laws and Rules of the Road
Driving through an intersection is one of the most complex traffic situations motorists encounter. Intersection collisions account for more than 45% of all reported crashes and 21% of fatalities according to the Federal Highway Administration.
Safety suggestion: While waiting to turn left, keep your wheels pointed straight ahead until it is safe to start your turn. If your wheels are pointed to the left, and a vehicle hits you from behind, you could be pushed into oncoming traffic.
- At intersections without “STOP” or “YIELD” signs, slow down and be ready to stop. Yield to traffic and pedestrians already in the intersection or just entering the intersection. Also, yield to the vehicle or bicycle that arrives first, or to the vehicle or bicycle on your right if it reaches the intersection at the same time as you.
- At “T” intersections without “STOP” or “YIELD” signs, yield to traffic and pedestrians on the through road. They have the right-of-way.
- When you turn left, give the right-of-way to all vehicles approaching that are close enough to be dangerous. Also, look for motorcyclists, bicyclists, and pedestrians.
- When you turn right, be sure to check for pedestrians who want to cross the street and bicyclists riding next to you.
- On divided highways or highways with several lanes, watch for vehicles coming in any lane you cross. Turn either left or right only when it is safe.
- When there are “STOP” signs at all corners, stop first and then follow the rules listed above.
- If you have parked on the side of the road or are leaving a parking lot, etc., yield to traffic before reentering the road.
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