my hubby needs help

[leighannd]

he is a truck driver and we live along a two lane highway, he was backing his truck into our drive way across the road, 1st he made sure that nothing was coming and then proceeded to back in. this guy in this truck came speeding down the road, coming from the opposite way. I told him, "theses people aren't going to stop." As soon as i said that, they hit the telephone pole and then hit us. The last set of tires on the trailer. The cop just ruled it our fault, saying that he did a unsafe back manuver. Well that is how all truck drivers are taught to back in, and i have seen it all the time, where you have to slow down to let them finish.

We went and looked at the police report, which now says that he hit us first, then hit the pole, and put us in a different spot and that it was our fault, where we were, that we put him into the pole.

Now if he gets this against him, pa law says it will give him 3 points on his license. And that isn't good being a truck driver.

What should we do?

 

[JETX]

Sorry, but whether the other driver hit the trailer or the pole first is not relevant.

Bottom line... anytime that ANYONE (trucker or not) is backing in or out, THEY have the ultimate responsibility to make sure that they can safely complete the maneuver. (Of course this is barring external issues, like if the other driver were drunk at the time).

 

[leighannd]

even if there wasn't anyone coming either way at the time? he made sure that the road was clear. then once he was almost to the drive way this guy came. the cop said he was going 60 in a 55 and the driver said that he didn't see anything, how can you not see anything? and they might think that the guy that hit us, didn't have any insurance, does this make a difference?

I always see tractor trailers backing like this. there sometimes is no other way, do we have any kind of a chance if we fought it?

 

[JETX]

It still doesn't make any difference.

And you further proved their case...
If a driver is backing into, out of, or across traffic, he should have warnings out (flares, traffic person, etc.) to warn any other drivers..... ESPECIALLY ones that are approaching at 55 MPH.

The 'backer-upper' has the ultimate responsibility to do it safely.