desypete:
i am only thinking like the legal brains think i am not being a judge on it as these things do happen but the point i am making that in the eyes of the law a car driver v a truck driver the truck driver is held up because of the fact of the professional status
its easy after an event to go through things and find things wrong and point them out as it the nature of how firms react when things go wrong and the driver is left out on there own to carry the can
my first viewing of the cam footage is to see what the truck driver did or might of done wrong, not what the car driver did as that is all the legal team will be looking for and if they can find anything at all then they will go for it.
even if the driver had something in his windscreen during the time of the accident they could get there side out of the mess with a claim the drivers vision was impaired its amazing how these guy work on the smallest detail and blow it up
you might find that both sides insurance companies settle there own damages as that is what happens a lot of the time if a legal team can find anything at all that can point any sort of suspect on a hgv driver
I call it “the ■■■■■■■ charter”, where it doesn’t matter how stupid the other cars manoeuvre, you have a responsibility to avoid the collision (no such thing as an accident now). You’re simply inviting people to drive badly, safe in the knowledge that “the other driver should have avoided me”.
Frankly, IMO, it’s ■■■■■■■■ that someone can pull infront of a loaded HGV and hit the brakes but avoid blame because of where the lorries dashcam was mounted. I really do hope that in this case, the fact that their story is different to what was recorded is more important than anything else. And then they’re prosecuted for dangerous driving and insurance fraud.
desypete:
what are you going to say when asked why you didn’t start to slow down when you could see the car in the gap ? as it was clearly a hazard you should of noticed and taken action on so as to avoid an accident. its a bit like a kid running out in the road we as drivers should expect it and drive accordingly, on that video it shows no slow down at all which if you had of slowed down would of put you in the clear in my book.
its no good remember in court trying to say the other side shouldn’t of pulled out even if it is there fault the sad thing is being a professional driver means we are highly trained drivers compared to the novice car driver so if they can find anything at all like the speed you was doing or if you should of slowed down as your a professional etc it all stacks up against the truck driver
that is why we have to refuse jobs if there is any sort of danger no matter how small the load or wagon doesn’t leave the yard as its the drivers neck on the line and in the eyes of the law we are the experts at driving and should always be driving like it
it will be interesting to know the out come
Horses for courses though; If this had been a child on a bike approaching a give-way junction on a ‘B’ road, then yes I would have expected the driver to be easing off and covering the brake and expecting anything, but in this case it is someone choosing to join a major trunk road so I would have thought it is reasonable to expect a higher level of ability on behalf of the person joining the road, I wouldn’t have come off cruise on that road for someone sitting at a junction. Also I think we established in the original thread Moasters speed was 52-53 so hardly ‘wellying-it’ had he being in a car doing 80+ then there may be an argument, but he wasn’t.
It’s all well having these CYA cams but it’s reliant on them actually catching the incident.
Last accident I had was a car losing control and hitting side of me on a motorway.
I could have had the latest super duper pooper cam but it would have been worthless for this type of accident.
And they weren’t going to admit anything till I produced full statement off a witness who stopped, left name etc but had to go.
Don’t think the other party realised I had these details as tune soon changed when given statement.
So personally a cam is only useful if it’s pointing at the accident (obviously !) but how many are accidents out of view of them that have to be argued and dragged out or do companies just settle for blame?
dcgpx:
It’s all well having these CYA cams but it’s reliant on them actually catching the incident.
Last accident I had was a car losing control and hitting side of me on a motorway.
I could have had the latest super duper pooper cam but it would have been worthless for this type of accident.
And they weren’t going to admit anything till I produced full statement off a witness who stopped, left name etc but had to go.
Don’t think the other party realised I had these details as tune soon changed when given statement.
So personally a cam is only useful if it’s pointing at the accident (obviously !) but how many are accidents out of view of them that have to be argued and dragged out or do companies just settle for blame?
I would have thought a dashcam could be very useful in showing blame even if the impact was not in view, for instance it would be good at proving your own lane discipline, I would imagine side scrapes on motorways etc could always end up as 50/50 as proving who moved over would be hearsay, a dashcam should be able to show whether or not you were weaving about or driving perfectly within your own lane. Likewise if someone was to rear-end you then claim that you had unnecessarily braked, then the camera would be invaluable.
Also in a more serious accident the last 3 or 4 hours footage would be very telling of your skill and attitude towards driving, and may greatly influence how the police cps deal with you; of course that could cut both ways if you drive like an idiot. I used a dashcam for a while and i felt it probably improved my driving as I felt I needed to be on my best behaviour, the improvement in mpg probably paid for the camera.
dcgpx:
It’s all well having these CYA cams but it’s reliant on them actually catching the incident.
Last accident I had was a car losing control and hitting side of me on a motorway.
I could have had the latest super duper pooper cam but it would have been worthless for this type of accident.
When I used my GoPro it was mounted on the top of the drivers door glass of the DAF, with the FOV set at a wide angle. This enabled it to see everything inc the top of my head, everything in front Inc mirrors, dash & my hands on the steering wheel & both door mirrors which clearly showed what I could see behind/alongside in the door mirrors
All of these You Tube Dashcam videos are grist to the mill for “Furious from Tunbridge Wells”. The Express & Mail hate us anyway, anything that enables them to kick us in the Codpiece should be reviled.
How long before this crap is used as the reason that we desperately need driverless trucks, before everybody is maimed or murdered by an LGV? Sorry, my bad, let’s use the correct language. Juggernauts thundering around the UK.
eagerbeaver:
Keep us posted on the case Maoster. If you end up attending court, are you going for a more ‘upmarket’ wardrobe mate?
Oi, I have feeling too you know. I’m thinking an off the shoulder number and killer heels. Whaddya reckon?
I can help with this, perhaps even do some mutual shopping for some new slingbacks and Daisy dukes.
As far as the video goes their solicitor will get this in discovery or whatever it’s called.
Their solicitor will also get them to lie (yes seriously they do), but hopefully yours may look at a counter claim with the evidence available. Doubt it will get to court though.
Just guessing from an armchair lawyers perspective.
Don’t let this put you off wearing women’s clothes though, I’m still game.
Kerragy:
All of these You Tube Dashcam videos are grist to the mill for “Furious from Tunbridge Wells”. The Express & Mail hate us anyway, anything that enables them to kick us in the Codpiece should be reviled.
How long before this crap is used as the reason that we desperately need driverless trucks, before everybody is maimed or murdered by an LGV? Sorry, my bad, let’s use the correct language. Juggernauts thundering around the UK.
Don’t be silly. Everyone knows, juggernauts only thunder through villages!
the maoster:
I’m thinking of getting in touch with a no win no fee shyster myself as I’m deeply traumatised by the incident and haven’t been able to have children since this shocking incident!
Yeah I would if I were you mate, you look like you’d aged at least 40 yrs in that video, (can stress make you ugly btw)
I sure hope they go for a whiplash claim as they were more nimble getting out of the car than I am on most days, though no doubt they’ll attribute that to the near death adrenaline coursing through their system, I bet they had g̶r̶e̶a̶t̶ ̶s̶e̶x̶ ̶t̶h̶a̶t̶ ̶n̶i̶g̶h̶t̶ … s̶e̶x̶ ̶t̶h̶a̶t̶ ̶n̶i̶g̶h̶t̶ … a great night.
Dipper_Dave:
Don’t let this put you off wearing women’s clothes though, I’m still game.
Ok, I did admit to a man crush on Idris Elba and if that has led you on Dave I apologise sincerely. I don’t want to be known as the forum tease and I’d hate the thought of you getting all dressed and lubed up only to end up alone with Mrs Palmer and her five daughters, so in the words of many many women in my past “I value you too much as a friend”.
I can’t believe they didn’t stumble out clutching their necks & claiming whiplash.
I sincerely hope that once the case is over & your trauma has subsided you regain full function of your reproductive urges!
Dipper_Dave:
Don’t let this put you off wearing women’s clothes though, I’m still game.
Ok, I did admit to a man crush on Idris Elba and if that has led you on Dave I apologise sincerely. I don’t want to be known as the forum tease and I’d hate the thought of you getting all dressed and lubed up only to end up alone with Mrs Palmer and her five daughters, so in the words of many many women in my past “I value you too much as a friend”.
Ahhhh he doth protest to much, you big tease.
Good luck with the legal case though, sure youl walk away from this with your reputation intact.
the maoster:
I’m currently being sued by the couple I ran into the back of on the A1 a few weeks ago. Without the dashcam footage ( which they and their solicitor are currently unaware of) it would be an open and shut case in their favour ( two of them against one of me), so in this case I reckon that the dashcam will save the Co I work for a rather large claim.
Can’t quite believe some comments about this accident, the car driver was 100% at fault he pulled out without making progress dangerously and then braked, had he not braked then Maoster probably would have avoided hitting him. He was an old guy who should not be driving based on that footage. I doubt a legal team in the world would argue against that footage.
Facts are,
Pulled out far to slowly.
Braked after completing manoeuvre. (therefore causing the accident as if pulling out in the first place wasn’t bad enough)
Did not judge the speed off oncoming vehicles.
Lied about what happened and probably would do so in court.
Is a complete ■■■■ womble.
Dash cams are becoming a neccesity, most trucks have them now for this reason, I have one in my car too.
If people don’t like like morons then there is no need to worry about being caught on a dash cam, but there are plenty of incidents where they should be given to the company and or the police. If people don’t hand the footage over the next time the vehicle involved may kill someone or seriously hurt someone, and that could be you, i or a member of our families.
People do make mistakes as we are only human but a lot of mistakes can be avoided with a little thought and consideration.