I wrecked into an 18 wheeler doing 75 mph!!!!

YEP!!! My children and I felt like we cheated death yesterday!! We we're on our way home from vacation when it happened. I'm not going to go over the details yet because I'm going to paste the email I sent to the trucking company in a second. What I have been thinking about is the strange way the state trooper handled this. I will expand on that after the letter:

To whom it concerns:

I am writing you today because, yesterday 6/25/11 at about 11:30 a.m., my 3 children and I were in an accident with one of your trucks. We were traveling west on 84. I was in the left lane, nose to nose with the truck that had just moved into the center lane beside me, and he kept coming into my lane. It all happened so fast I didn’t even have time to blow my horn. When I realized my left tires were past the side rumbles strips, and I was about to be pushed over the edge, I had to quickly get in front of the truck. ( I assume he saw me, because when I looked in my rear view, he was back in the center lane, and thankfully must have moved right as our vehicles made contact). In the process, the trucks left front bumper(I’m assuming), scraped along side of my entire back quarter panel, from the door to the bumper.

I got in front of the truck, and I stuck my arm out the window and signaled for the driver, pointing right. Once I got into the far right lane, I dropped back, expecting him to move to the right lane so we could pull over. He didn’t, he just keep on going. At that point, I moved to the center lane behind him, and had my son write down his plate number. I decided to give him another opportunity to pull over. I moved AGAIN into the far left lane, and got beside him. I beeped and had my son waving his arms at him to get his attention. That’s when my 15 year old son said “He’s not looking over, he’s on the phone.”, I was furious now. I passed the truck, and he fell behind. About 3-5 minutes later I saw a state trooper ticketing someone on the side of the road, and pulled over behind him. Again, I expected the trucker to see us, and do the same, but, he didn’t. I sat in my car and waited for the police officer to finish with the other car.

While I was pulling over behind the trooper, another car had pulled over in front of the trooper. After a few minutes the cop, and another man approached my car. The other man was a good Samaritan who had been behind us and saw the whole thing. He spoke to the cop first and had already told him he witnessed us being ran off the road, and struck by the truck. After I got out of the car and was checking the damage with the cop and the “man”, I was trying to talk to the witness and the cop kept interrupting me, asking me if I wanted him to stop the truck, and of course I did, and he told the man to go back to his vehicle, and we were on our way. I never thought to get this mans information, and I really wish I would have. I think I didn’t because of being so totally upset from what literally felt like a near death experience, combined with a naive trust in other people to be as truthful as myself.

A few miles down the interstate, I pulled over again behind the police car who had pulled over the trucker. When he finally came to my window he asked me if I wanted to file a report. I told him, I just wanted to exchange insurance information, and didn’t want to get the guy in trouble. He explained that he meant an “accident report”, which is usually for accidents with major damage, and that I didn’t really need one. He followed that by telling me that the truck driver told him that I was in the left lane, that was ending, and was trying to pass him, and consequently ran out of road. After reflecting on the events, and doing extensive research of that road and its signs and lanes via Google map’s street view, I have realized that that your trucker was blatantly and out and out lying. In hindsight, I really wish I had made that report. Unfortunately my baby that was just almost killed was sick with a fever, and had been crying for a good five minutes at that point, and I just wanted to get her moving again. That’s when the cop asked if I would wait ANOTHER minute so the trucker could take a picture of my “minimal” damage. He took his pictures. He never looked at me. He never looked at my 3 children. He never apologized, or asked us if we were OK. What kind of person does that? I later figured out what kind of person, a lying, rude, thoughtless person, that is only concerned about their own interests.

I found it strange that your driver also took a photograph of the preexisting damage to my passenger door. Why did he do this? I believe he felt like because my car was already damaged, the damage he caused wasn’t worth fixing. That’s just awful and rather sickening, just like this whole situation. Over the last 6 months I have put $2,500 in repairing my family’s vehicle. I am presently saving up the cash to get a new door, now that I have completely restored all of the inner parts of the car.

I really hope that this truck drivers despicable behavior isn’t representative of your company. Yes, the purpose of this letter is a request for compensation for the damage your NEGLIGENT, LYING, CELL PHONE CHATTING, truck driver caused. I don’t care if the damage is “minimal” and neither should you. I consider my whole family lucky to be alive, and you should be concerned about the next family driving next to your phone chatting mac truck driver. I don’t care that my car already has damage, and neither should you. I want, and see no reason why I shouldn’t want, the damage repaired by you, or your insurance company. I would appreciate if you would please get back to me as soon as possible concerning this matter. If you need better pictures of the damage, I will be glad to send them to you, thank you.

Ok so what I have been thinking about all day is the strange way this N.Y. state trooper handled this. First of all, It was like he didn’t want me to talk to the witness. He interrupted me twice yelling "Ma'am do you want me to pull him over?" Well YES, duh!! Why in the heck would I of stopped to tell him? He was just told by myself and a witness that I was hit and ran on! Correct me if I'm wrong, but isn’t that his duty? I would think he would of wanted to go catch this guy with or without my say so. Then, he ordered the guy to go back to his car!!!

The cop said I had "minimal damage" 3 different times. It was like he just expected me to let it go. I have a 99 ford taurus, in great shape except for a long wide scratch down the passenger door. The damage to the car caused by the trucker does look minimal next to it. There is a group of scratches about the size of a greeting card on the back panel right next to the door. The door handle is all scratched up. The top of the wheel well is all dented and scratched, and there is another greeting card set of scratches right before the bumper. And a few more small scratches on the side of the bumper.

Another thing that doesn’t sit right with me is the way they seemed all buddy buddy. He basically convinced me not to file the accident report. He basically told me that he believed what the trucker said about the lane ending, and it being my fault...I KNOW IT WASN'T, I wasn't completely sure as I sat there (shaken, with crying sick baby) talking to the cop, but after going over and over the course of events with my son, and all of the lane changing that took place afterwards, we know his claim is all BS. THEN after the trucker took the pics, they we're all shaking hands and smiling at each other!!! It was like they were old friends, and I was just a pain in the butt!

Do the state troopers have some kind of special relationship with truckers?
Do the Trucking companies donate large sums of money to the state police?
Do you have any advice for me?

reply to post by MidnightSunshine


Unfortunately I dont think much will come of this.

Sorry to hear about the near fatal accident, but at least hold comfort knowing that you and your family is safe.
That is the most important.

Truckers think they own the roads. Its a sad fact.

By hitting your car where he did, he could have caused your car to go out of control, very easily. You are extremely lucky to be okay.

What you need to add to your letter is:

1- clear expectation of what you want from them. No "I would appreciate it if..." - their trucker was wrong & you have a clear expectation. Make it less emotional. Explain, but don't explain too much. I'm pretty sure you're female from the way you've written it, and you don't want that.
2- send a paper copy certified delivery - no email
3- what you will do if they don't respond within a certain amount of time. Will you file with small claims court, contact an attorney? Don't sound bigger or more important than you are, but let them know you intend to follow up.
4- do you know which cop/trooper it was? I would find out & send a letter of complaint to his superior.

reply to post by Schkeptick


That's great advice. Too bad I already sent it through email NO, I'm so mad at myself. I kept thinking while we were waiting for the cop 'get his name and write it down', and for some reason I didn't!! Should I just send a second, less emotional, letter through the mail anyway? I wonder if I can find out who the officer was w/o there being a report made?

Thanks alot, to you, and to the first poster above you

reply to post by Schkeptick


This post is very good advice.

Leaving your emotions out of a letter like this would be advisable. Make sure it is dated and sent registered mail so they cannot claim they were not informed. Be clear and concise, don't use slang - "mac truck driver" - is a no-no, give his body/face description, his rig description... Basically everything Schkeptick said

Most importantly MEAN WHAT YOU SAY AND INTEND TO DO IT.

-Lightrule

reply to post by Lightrule


Yes, I know I shouldn't of written it so emotionaly, but i couldn't help it, I was emotional!! I wrote it, and sent it this morning before the baby woke up. I felt like I needed to address it to them right away. Feeling a little stupid now though seeing as how it was Sunday, and they wont even read it until Monday.

reply to post by MidnightSunshine


I would. Registered mail showing up from you will send a very clear message you are serious.

14 days is a usual time given to respond to notices so you could be fair and give them 30 days to respond to your letter. Unless you intend to serve notice on them that you intend to follow up with legal action (give them 14 days).

You could also ask for them to conduct a formal investigation into their driver in lieu of legal action taken to them by you (provided you find the investigation to your satisfaction [allow up to 90 days for an internal investigation] follow up every 21-30 days).
By all means inform them you do have a 3rd party witness that saw the events (Trooper might have dash cam footage of the witness' license plate allowing them to track him down to collect a statement for your use).

Whatever you decide to do make sure you follow up afterwards if you want any real results.

Good luck

-Lightrule

You are very lucky, my father was hit by an 18 wheeler that was doing 75mph, he lost one eye, lost 95% vision in the other, had all his ribs broke, had to have surgery on his shoulder now has 7 screws in it, and a potential clot in his lung, and slight brain damage, along with his face getting cut up fierce.


You are very lucky be safe out there.

reply to post by Lysergic


Oh my goodness! Your poor Daddy, that's so terrible. If it dosn't seem too strange, give him a hug from me. I know, I can't stop playing it over and over in my mind, and thinking about how crazily lucky we are. Thanks, you stay safe too.

reply to post by MidnightSunshine


A lot of truck drivers do act like they own the road.
I have heard rumors they are encouraged to not
report any accidents.I don't know this for a fact.

On the 27th of may,I was driving on the interstate.
There were a lot of changes made on that section
since I was last on it.The lane I was in suddenly
ended and I almost got hit by a semi myself.I like
to drive on the interstate real early in the morning.
Because of all the construction done in my area,
I waited until noontime to leave.I had to be able to
see clearly the changes that were made on the road.

I would have a lawyer write the letter for you.The trucking
company will just ignore you and go by the trucker's
word and the trooper's.

You are lucky ..Very lucky you and your kids could have been killed.The other posters have given good advice ..follow it.
I wasent lucky on July the 1st will be the one year aniversery of my wreck with an 18 wheeler
Rain slick road two 18 wheelers playing Chicken with each other side by side inches apart I got on the expressway behind them wondering what they were playing at.they touched ..each went to oposite shoulders and ran out of shoulder as an overpass was comeing up they came back togrther ..hard and stopped .my speed was 45 mph and I cant stop..I hit the back of a heavily reinforced oilfield tandem trailer..When I woke up the highway patrol had just gotten there he kept asking what happened as I drifted in and out of conchousness (sp) I kept telling him and he said What trucks? I looked out the shattered windshield at an empty road..It took 45 minutes to cut me free.I had 7 broken ribs collapsed lung..shattered elbo and adislocated hip ..2 weeks in intensive care and two surgerys
the officers report? is that i fell asleep and hit a barrier,,,funny that there wasent a mark on the barrier the impact was so great it put the transmission through the firewall
Count your blessings and dont let them get away with it..and you got to walk away Alive

my jeep stopped on impact in the middle of the road with pieces all around the Jeep..barrier my butt

reply to post by granpabobby


OH wow, that is crazy!!! I can't get over it. To know the truth and have no one listen to you is a sick feeling. Well at least we are alive to beotch about it!! Thanks for the story....even if you made it up!!! kidding

ya when i was maybe 12 i was on vacation with my dad, we where coming back home when it happened. It was similar to your story except you sound like a law abiding person. lol my dad is defintly not.

the 18 wheeler began to get in our lane i believe it was the left. my dad saw what was happening and began to sound his horn . The driver just kept coming. So he hit the gas and quickly got in front of him. i dont know what was going through his head but my dad invented road rage.so he pulls up next to the 18 wheeler now we are going head to head. so he tries to get his attention idk what for maybe insurance.

the guy looks at my dad and flips him off. WOW he didnt know who he was contending with. in retrospect my dad was a moron for doing what he did after this but hey he's my father and well you know. after the bird my dad lost it. he starts cursing this guy doing idk maybe 65-70 mph. geez

the guy curses back and starts to drive faster he fets ahead of us then pulls in our lane ahead of us. Then the 18 wheeler going 65 mph hits his breaks and i mean we were maybe 5-10 feet from the back of his truck. my dad quickly resonds by hitting his brakes and avoiding the crash. they go at it for a while but felt like forever.

my father then pulls in front of him and hits his breaks. WOW this guy was in an 18 wheeler we are in a late 70's dodge truck. luckily the 18 wheeler breaks and we dont collide. at this point we are back head to head on the hiway, with my dad screaming at the guy the guy screaming at us.

then outta nowhere the 18 wheeler driver starts to throw stuff from his cab at us. idk coffe mugs bottles and the like. at this point my brother and i are freaking out. my dad yells at us to get on the floorboards while this guy is throwing stuff. another 20 seconds go by with this going on.

so now my dad starts to go fast real fast and we pass him by a mile at least then he hits the brakes, pulls over to the side road, runs to the camper and gets his six shooter. i coudnt believe this was happening!

so now he has his pistol and is waiting on the 18 wheeler to pass us. we saw it coming my dad points they gun at him the driver saw the gun and before my dad shoots the driver quickly existed some off ramp and i mean quick, you could here the tries screeching because the offramp was curved and he was going very fast.

so ya thats just one story from my childhood. i got thousands about my dad. what a fellow

reply to post by MachiventaMelchizedek



Yet another crazy story!! I especially got a kick out of the part about the trucker throwing cups and what not at your car!!! What an A hole. Who does that? That does give new meaning to road rage! I'm so glad you survived to tell the tale, and hope (like I tell my kids) you at least learned how NOT to act from you Father! Thanks for sharing

reply to post by MachiventaMelchizedek


Your father sounds like a blast.

reply to post by MidnightSunshine


I saw your post here and thought I would comment being I used to be a driver myself. First off, accidents happen. Also if you knew what I knew you would be terrified at the thought of sharing the road with a 40 ton monster that could run over a Yugo and not know it. Truthfully. If this incident you had occurred around the rear of the trailer the truck driver probably wouldn't be aware of it.

One problem is that even assuming the driver has following all the rules he may have been on the road 7 to 10 hours at that point and his concentration may have been slipping. Talking on a cell phone probably didn't help either. Also they have deadlines and appointments to keep. So there are times when even the best drivers are pushing the edge of the envelope and driving tired/dazed/road hypnotized.

Now as far as the truck drivers actions after he was stopped by the trooper may have been reprehensible he was after all doing the cya. After all legal entanglements cause problems and cost money. After all a once of prevention costs a lot less than a pound of cure. And depending on the drivers situation this minor ticket could have been enough for him to lose his job or even his career. Of course he is going to do what ever it takes to avoid a ticket.

Also you complained about him not apologizing about the accident. The problem there is this. Per all the insurance forms truckers carry around in their cabs you are never supposed to apologize. It can be used against you in court. Thats why he acted that way. It's the way the companies tell you how to act. Gather evidence so a defense can be prepared later.

As for the state trooper he was merely annoyed at the entire issue. He probably had a quota of traffic tickets to fill and you were keeping him from his primary job which is the raising of revenue. There simply was no money in your problem. Sad but true about the state police in most cases.

Also you mentioned existing damage. Combined with the age of the car if it was totaled you would probably get just $1500-$2500 at most. Combined with the existing damage you might at best get a couple of hundred dollars out of them. Worse case scenario is your claim is denied and you have to sue. Got a couple of thousand dollars to hire a lawyer and file the case?

You might be able to do a lawsuit through small claims. But then you may have to file in the county where the accident happened. Not knowing your situation just the distance involved and then making a case in the proper courthouse could be daunting. Even if it's possible to serve the company or driver in question. If they are out of state it simply may not be possible to serve them. And then you are back to filing in regular court. For a couple of hundred dollars you are not going anywhere with that case.

To put the situation simply you got off too lightly for the system to care. But do send a registered letter with your complaint to the trucking company. They may simply cut a check to make you go away.

Originally posted by Lysergic
reply to post by MachiventaMelchizedek

 

Your father sounds like a blast.

bro i got stories for days about my dad, he is one of a kind for sure. i should start a thread on his do and dont's about prison which he taught me, starting at the age of seven.

reply to post by MidnightSunshine


Not made up..TRUE..the nightmares tell me so..

How awful. Very harrowing.

My attitude when I'm on the Interstate and there are lots of truckers......I just assume they are all exhausted,
all half crazy on amphetamines, and all highly pissed off. lol. I let them have whatever road they need, wait for a hill so they slow down, then pass them at light speed, never to be seen again.

No eye contact. If so, they are inclined to make lewd gestures with their mouths and hands.

reply to post by ntech

Truthfully. If this incident you had occurred around the rear of the trailer the truck driver probably wouldn't be aware of it.

no, it happened right next to his side of the cab.

do you think he could of not seen me? He was on my right side nose to nose, coming into my lane, and i had to speed up and go ahead of him, I think the cop said he had some scratches on his bumper...which dragged across the entire quarter panel from the door to the bumper.

Thank you for you input.