Melrose Park, IL asked in Personal Injury for Illinois

Q: Who is at fault

If a truck driver was In the left lane but had the right turning signal on . I pulled up and got in the right lane at the stop sign . After traffic is clear The truck driver makes a right and hit my car while I’m still sitting at the stop sign . Who is at fault

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2 Lawyer Answers
Lindsey Seeskin
Lindsey Seeskin
Answered
  • Chicago, IL
  • Licensed in Illinois

A: I'm very sorry to hear you were involved in an accident. The truck driver is at fault. Truck drivers, especially those driving semitrucks, even though they sometimes must move to the left lane to make a wide right turn, are obligated to check their side mirrors and be aware of vehicles that might be located next to their truck before attempting the right turn. It's a part of their training, from state regulations, CDL training and on-the-job training/manuals.

Charles Candiano
Charles Candiano
Answered
  • Chicago, IL
  • Licensed in Illinois

A: On your facts, you are at fault. You state that the truck driver had his right turn signal on, so you knew that the truck was turning right. If you have ever driven a very long vehicle, you know that they must take very wide turns. Moreover, you have seen the writing on the back of trucks that says "if you can't see my mirrors I cannot see you." Trucks have a very large blind spot so if you were next to the truck when it turned, the driver would've had no idea that you were there.

I understand that generally speaking vehicles should be making right turns from the right lane. That said, if a semi turned right, from the right lane, his trailer would have jumped the curb and he would have damaged or destroyed anything that was there. Turning right from the left lane was probably the only choice he had.

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