While driving in a rural area at dusk, I suddenly see something in front of me and I have to swerve to miss it. It is a flatbed truck that had pulled into a driveway but some lumber overhanging the bed was left sticking out in the road across half of my lane. The lumber struck and scraped down the entire passenger side of the car. Who is to blame: me for not seeing it soon enough pr the other driver who left the wood sticking out in the road while he "checked the mailbox"?
The truck, even if he did have his lights on he should be yielding to ongoing traffic.
Who is at fault in this insurance claim?
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based on your information, it sounds like the flatbed truck, because they had no lights or anything at the end of their load to alert someone of its presence. Thats exactly why trailers and anything "overhanging" has to have some sort of red flag or lights.
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The truck, even if he did have his lights on he should be yielding to ongoing traffic.
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I think if the truck was coming from the opposite direction as you and made a left turn into the driveway and blocked your lane, the damages is there fault. If the truck was ahead of you going the same direction as you and turned into the driveway and stopped/blocked your lane, I think it’ll be your fault for failed to see him even though he should had lights on or shouldn’t have stopped where he did with his lumber sticking out in the roadway. He should have pulled up more in his driveway and got out of his truck to check the mail.
Anyway, this is just my opinion. Wait and see what insurance says.
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I would say majority fault lies on the truck however there may be some fault on both of you. Like you said, you for not seeing something in front of you and him for causing a hazardous situation.
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