Expert: webfoot - 9/13/2006

Question
THIS IS A QUESTION THAT I RECIEVED AND RESPONDED TO WITH A CUSTOM REJECTION MESSAGE.  IT'S TRULY AMUSING.

Subject: Can I appeal a decision made on my claim?

Question:
I was recently in an accident with a mack dump truck while the both of us were heading northbound on a 4 lane road. I was in the right lane (north), he was in the left lane (north). I noticed my lane ended shortly ahead so I proceeded to merge into the lane in front of the truck. He was more than 2-3 car lengths behind me and once I began to signal to merge, he drastically sped up in order to keep me from merging in front of him. He hit my car in the far rear driver side panel and I almost lost control. He claimed he didn't even see me (which I truly believe is a lie). Although there were no witnesses at the scene, some how there was one on the accident report whom made a statement in his behalf. I was told that technically it is the car whos merging that is usually at fault in these cases, but isn't there any favor in my behalf since he was just being ignorant? They came to the conclusion based on what his witness said that the accident was my fault for failure to yield. Why should I yield to a vehicle so far behind me? I would've been forced to leave the roadway had I yielded to him. What they're practically saying is if I speed up and hit a car merging into my lane, it is still their fault? Do I have any grounds to base an appeal on? Please help me, what this man did is wrong and could've cost me and my son our lives!

MY RESPONSE:

I'm not going to answer this on the forum because I can already tell by your logic process that you will try to twist things further by leaving bad feedback.  While reading your question, I about fell out of my chair.

What you claim this man did wrong would have been impossible for him to do, even if he wanted to.  Mack trucks are not capable of "drastically" speeding up.  Loaded or empty, the only thing that happens when the driver downshifts and hits the gas can usually be timed with the minute hand on a watch.  Your passenger vehicle accelerates approx 10-20 times faster than a dump truck so no one is going to believe that story.

You also stated "why should I yield to a vehicle so far behind me"?  If he was so far behind you, then you would not have been hit on the left side rear side.  The left rear side is where people get hit who are trying to merge into the lane of another vehicle.

The vehicle with the lane that is going to end is responsible to safely merge in front of or behind the vehicle in the other lane.  This is especially true when your vehicle is much more capable of speeding up or slowing down properly to complete such a merge.

The truck driver isn't the "ignorant" one here and you need to face up to the realization that what YOU did could have cost you and your son your lives and hopefully, start changing your driving habits.

DOES ANYONE TAKE RESPONSIBILITY FOR THEIR OWN ACTIONS ANY MORE?

Answer
While reading your question, I about fell out of my chair.

What you claim this man did wrong would have been impossible for him to do, even if he wanted to.  Mack trucks are not capable of "drastically" speeding up.  Loaded or empty, the only thing that happens when the driver downshifts and hits the gas can usually be timed with the minute hand on a watch.  Your passenger vehicle accelerates approx 10-20 times faster than a dump truck so no one is going to believe that story.

You also stated "why should I yield to a vehicle so far behind me"?  If he was so far behind you, then you would not have been hit on the left side rear side.  The left rear side is where people get hit who are trying to merge into the lane of another vehicle.

The vehicle with the lane that is going to end is responsible to safely merge in front of or behind the vehicle in the other lane.  This is especially true when your vehicle is much more capable of speeding up or slowing down properly to complete such a merge.

The truck driver isn't the "ignorant" one here and you need to face up to the realization that what YOU did could have cost you and your son your lives and hopefully, start changing your driving habits.

DOES ANYONE TAKE RESPONSIBILITY FOR THEIR OWN ACTIONS ANY MORE?