Hi guys, thanks for all the feedback.
I dont want this thread to start an argument firstly, opinions are valued, putting me down is not.
In reply to Santa, the incident was not avoidable as once the lights changed and I set off, my HGV being empty can accelerate on par with a car and rather than the word "accelerate" soon be deemed as "I raced away" which is what I did not do Ill explain what happened, I have been driving a HGV for 12 years, 9 in Manchester centre which is mayhem for traffic and dangerous driving tactics being used and have not had a single bump or scratch. I drive totally carefully as it being my own HGV the last thing I want is time off the road for any reason especially in this climate.
The vehicle that collided with me was totally in the wrong lane for going left at the roundabout, I was aware he was there but did not expect such a foolish manouvre to be attempted, as a HGV driver you always plan for the unexpected, but as the distance from the lights off the slip road to the left exit is roughly about 50 metres or so I set off is 5th gear high into 6th and as I changed and had traveeled about 35 metres the guy had drifted out of his lane crossing the lane guider across to me, now when your watching the line of traffic infront of you, the traffic on your inside and now the vehicle that had quickly swerved towards me it gives me less than 1 second to make a decision that could have consequences from..brake hard and risk the car behind run into the back of a solid HGV vehicle..OR..swerve left as most would do as instinct to avoid the collision but hit whatever is on my left hand side god forbid a moped or bike or small car with kids in..OR.. as what happened I immediately sounded my horn and decellerated but the vehicle then as he was about to miss the end of the left turn and becomes a large grass central reservation he swung his vehcile infront of me as oppossed to remaining back in his lane and continuing around the roundabout to re-attempt his exit on going fully around the roundabout.
Yes, I used colorful language, non threatening, moreso as in shock at what the driver did but mainly because of what could have happened had I not anticipated what he was doing, its an extremely busy roundabout and total care is always used, I do not need to justify myself as I know the laws of the road and value myself as a very good driver hence the nil accident record until last week in 12 years.
The damage to my vehicle was my driver lower part of the door dented with a basketball 1/4 sized crush, a wind deflector pulled off and the light cluster and bumper pulled out where his tailgate had hooked onto me and pulled it out.
On exiting the HGV i said to the driver "what did you just do, do you not know the rules of a roundabout", he was adamant he could make the turn legally from his 3rd lane of 3 on the slip road, which motorway signs clearly state he could not nor did lane guidance state he could, I said to him if he was permitted to go left at the roundabout how come my middle lane was also entitled to go straight ahead and also RIGHT ??? Yet he seems fit to say he could also go left ? There would be accidents every single light change if this was the law of the road.
Anyway, having spoken to the insurers and sent detailed pictures showing the accident final positions, the traffic back at the slip road awaiting their lights to change from were we came from, the damages to my vehicle and minimal to his as it was basically a hook n pull collision and also google images of the aerial view of the roundabout and motorway signs on the slip road as we exited advising which lane to be in oaired with a detailed sketch of the incident have all been sent to them..
Now...he now says I hit him, fair enough it now gives the insurers something to investigate, he now needs to explain why, if i hit him, yet remained in my own lane, did he end up heading back to his place of work on the road were only left turns could be made on the roundabout when he was in the 3rd lane, how did I hit somebody that was in a lane for right turn only ? Yes understandable if I hit him and he stopped on the roundabout as he was going right, but he went left, and stopped on the road infront of me both facing the correct way for the direction lanes 1 and 2 were permitted to go ? So regardless of he saying I hit him, of course we hit if one of us left our lanes into the other, so my point is, why did the impact not happen as we both went to the right ? If i went to the left ? and so did he ?
The insurers have been very poor dealing with this, I have had to chase Local Council, Police and the Highways Agency to try to get any CCTV stills or images to show the lanes as we approached the lights and as the accident happened, but just my luck, the area has no cameras, I have no idea where my vehicle has been taken now having dropped it off at the designated garage, the insurers have no contact numbers for where they then advised it to be take for one of their designated repair centres, I do not know when I am getting it back, and all the while I am earning nothing whilst I await a phonecall telling me I can go to collect it, Aviva said RAC Legal would be in touch to begin reclaiming my excess of £350 and loss of earnings, they have not, and that was almost a week ago, Aviva say its likely to gain a verdict on fault its going to be either the other drivers statement tripping himself up or a historical look at past roundabout collisions and what the results were in blame.
Aviva say if its deemed a 50:50 which I suspect it will be, even though its clear what happened, proof is massive but common sense seems not, then I can only claim 50% of what I have lost being off work so far 5 workings days and a Saturday Half Day less running costs.
Sorry for the long reply but I wanted a detailed picture of events to be read, itll attract both pro and con responses I know, the accident in my eyes couldnt have been avoidable without any further or more serious circumstances and god forbid, and what keeps me awake at night, anybody getting hurt, what seems to be forgotten in my discussions with the insurers is the fact it was not simply an accident it was dangerous driving by somebody who clearly rather than wait in lanes 1 and 2 in queing traffic drove down a clear 3rd lane and took his chance at the lights with a HGV he thought was laden and slow, had he simply indicated I would gladly have let him in, I am not a driver that likes to "punish" people for errors and laughing watching them having to continue in a direction they didnt want to go in, Id have let him in, safely, perhaps thought to myself "pillock" but its better than anything that could have happened.
His arrogance and total denial of any wrong doing is what bugged me most because these type of drivers are too frequent on our roads and the fact children are often in car at that time is what upset me most because being a father myself you always worry about if circumstances were different, he never held his hands up it was moreso "sod you we will see what the insurers say", and as a result im sat at home, again, awaiting getting back to work which is all I want to do.
Thanks for reading , I hope your coffee's have not gone too cold and thanks for everybody that has contributed, I hopefully find out more today and just wish to be back to work tomorrow and reimbursed for what i have lost that was out of my control.
Thank you for the detailed explanation. However it doesn't change my view that the accident could have been avoided if you had just slowed down and given way. I think (just my opinion as I wasn't there) that you were annoyed by the near collision, and decided that you were bigger than him and you would force him to go round again. Truck drivers often use the excuse that a sudden stop might " risk the car behind run into the back of a solid HGV vehicle", and it really doesn't work. If that had happened, there would have been little or no doubt about who was at fault.
You feel very agrieved at the consequences of this minor collision but you do seem a little naieve in your dealings with the insurers. With hindsight I am sure you wish that you had organised the repairs yourself as you were perfectly entitled to do.
The pragmatic response to all this is to forget the idiot with the scaffolding and to concentrate on getting back to work and on mitigating your loss. I would get down to the "designated garage" and insist that they get my truck back pronto. If the counter clerk can't help then get a manager and just quietly insist that they deal with the problem. Then go back every day until it gets sorted. You should also concentrate on getting the neccesary evidence of your lost earnings. They will need copies of contracts etc amd possibly letters from customers.
I wish you well and I hope that you will soon be back on the road having learned from the experience.
If you want an opinion from your peers then you might like to register on Trucknet http://www.trucknetuk.com/phpBB/view...37a3d7f0c77307 and see what they think.
Last edited by Santa; 23-04-12 at 13:37.
Hometune, I think you are forgetting that apportionment of blame, for insurance purposes is a civil matter. All your cases are where a traffic offence is being prosecuted. I think, as long as we believe in a black and white world driving standards will never improve. In a defensive driving approach, I think my question to myself, ‘what can I do to prevent me being involved in a similar incident in the future’. Takes into account of there being nothing I can do about other drivers but with a little thought and care, I can make every effort to not be involved again. This is different to the black and white approach of saying’ “I need not change my driving tactics because the other party was at fault”.
Originally Posted by Hometune
I would be surprised to find anyone posting on a public forum not understanding that any comments are just personal opinions, or at least should be treated that way. If they like what they see they can act upon it, otherwise they will just ignore it.