Preventable Or Not

**jujubeans** · 03-05-2010, 09:45 PM

Originally Posted by OntarioVanMan

Lets see Steve was only going 45 mph at the time but the deer did enough damage to bend a bumper? Hmmm and the fact the deer was not dead on contact but lived to jump the rail and run off...
And take an experienced driver at 45 mph hits deer starts to slow down and maybe 40mph when tire blows and not being able to keep control?

You reliving the PA turnpike dear? *l*

**Turtle** · 03-05-2010, 10:54 PM

Originally Posted by nightcreacher

If your pull out to let a car on the highway from and on ramp,and you get hit from behind, it also becomes your fault,at least thats how CHP's see it.California highway patol officers do not want you to pull over to let someone on the interstate.

That's because the left lane always has the right-of-way. Always. If you move over to the left lane, and get hit or cause an accident, it's because you failed to yield the right-of-way to the left lane.

If you can safely move over to let someone on, it's a courtesy (albeit in violation of the "Keep right except to pass" laws), and as soon as they are on the Interstate you now have the right-of-way, since you are in the left lane, and they must yield to let you back over. Few do, but they're supposed to. They should move on up and out of your way, or back off and let you back over.

A situation where a couple of trucks are doing the restrictor plate racing thing, if it goes on too long the truck in the right lane could be ticketed for failing to yield the right-of-way to the truck in the left lane.

But, yeah, come on over to Panther. You'll be, uhm, Huggied and Pampered.

**jaminjim** · 03-05-2010, 11:34 PM

Originally Posted by Turtle

That's because the left lane always has the right-of-way. Always.

Originally Posted by Turtle

you now have the right-of-way, since you are in the left lane, and they must yield to let you back over. Few do, but they're supposed to. They should move on up and out of your way, or back off and let you back over.

A situation where a couple of trucks are doing the restrictor plate racing thing, if it goes on too long the truck in the right lane could be ticketed for failing to yield the right-of-way to the truck in the left lane.

Never heard that, Got a backup link? Didn't say your wrong, just never heard that.

**davekc** · 03-05-2010, 11:44 PM

Originally Posted by Turtle

But, yeah, come on over to Panther. You'll be, uhm, Huggied and Pampered.

Haven't heard of that? Does work on some days.

Pamper Expedited Services

**Turtle** · 03-06-2010, 01:15 AM

Originally Posted by jaminjim

Never heard that, Got a backup link? Didn't say your wrong, just never heard that.

No, no link. But I talked with an Ohio State cop about it (many years ago, tho), and my stepdad once got a ticket when he and a buddy were driving abreast up the West KY Pkwy for like 30 miles.

The driver in the left lane was ticketed for impeding traffic, and my stepdad was ticketed for failure to yield right of way in not letting the other driver over.

Each state has their own laws, of course, with most of them dealing with when you are permitted to drive (and pass) on the left, and say that you can pass on the right only in certain situations when it's safe to do so. The problem with passing on the right is that you will, at one time or another, be in the blind spot of the driver on your left. On-ramp merging traffic must yield the right-of-way to the left lane, as each succeeding lane must yield the right of way to the next lane to its left. Some states specifically state as much, while others do not, and most don't enforce it unless there is an accident. California, for example, states that unless you are passing, you must stay to the left, but in another statute they say you can pass on the right if it is safe to do so. Louisiana, Massachusetts and New York specifically say no passing on the right, and the left has the right of way. Again, few states really enforce it, unless it results in an accident or road rage of some kind.

**dhalltoyo** · 03-06-2010, 03:23 AM

I did not vote, because being "fair" or "unfair" is not the issue.

IMHO.

It is their company. They set rules, guidelines and regulations.

In the final analysis...it matters nothing what one believes to be "fair" or "unfair".

If I don't like a movie...I get up and walk out.

If I think someone is not giving me a fair shake...I move on.

It lessens conflict and helps to keep my blood pressure in check.

**Jack_Berry** · 03-06-2010, 09:27 PM

not preventable.

twice gracie was on a ramp entering and leaving ithaca ny and each time at the apex of the ramp there was a deer standing there looking at her. if either had bolted our way it would have been venison stew and jerky.

this week i had a fox scoot across the lane and under the guardrail ahead of me. i was awake and fresh. lights were clean. there is just no way to observe every square inch of ground in the middle of the night. when the critter wants to bolt it will bolt. not a thing you can do about it.

**JohnMueller** · 03-08-2010, 01:32 PM

Nightcreacher;

As a Safety Director I do not always agree with the preventable/non-preventable designation applied to accidents or incidents. This is especially true when it comes to deer vs. motor vehicle collisions. I have narrowly missed hitting deer a number of times myself. On a few ocassions, there were no deer crossing signs (how do the deer know to cross the road by those signs?) or other signs. I usually notice "eyes" glowing near the side of the road. Even then the conditions may not allow for any avoidance. Getting older, my eyesight is not as keen as it used to be, especially at night or in pre-dawn conditions when deer are active.

I would appeal this "preventable" designation by whatever party listed it as such. You can also appeal to a higher level.

Thanks,
HotFr8Recruiter

**nightcreacher** · 03-08-2010, 06:22 PM

Evidently,when I faxed the accident report to FDCC,I didn't note the bumper had been pushed into the right steering tire wich actualy caused me to run into the guard rail,there fore they deemed it the preventable accident.I dont know if I can resubmit another letter explaining the tire and the bumper.I have pics,but non with the bumper pushed into the tire.it was foggy out and we pulled the bumper away before any pics were taken.The pics I have were at the truck stop

**iceroadtrucker** · 03-08-2010, 08:40 PM

Steve the Tire will still show signs (Marks from that metal Bumper.

I A pic is worth a thousand words and I hope you can put this behind you.

Good Luck as that just might be the Instant Replay the Ref will need to make the call on that play. For the Game and point.

Take care

**nightcreacher** · 03-08-2010, 08:52 PM

pic of tire shows chunks of rubber where bumper was

**iceroadtrucker** · 03-08-2010, 09:02 PM

That should take care of it.
Sometimes the Refs Got View the Replay in Slow Motion to get an accurate visual.

Can a Seal Swim?

It will be OK!!! You will see!!

**cheri1122** · 03-08-2010, 09:08 PM

Steve: I know another driver who suffered the same fate, and it just stinks. Good drivers deserve better than to be 'dismissed' like that. Hope you will fight it, and that you find a place that appreciates you.