Energy On The Offensive™ #014 - I've Seen This Same Claim Happen 4 Times In The Past 2 Years.

The situation goes like this…

Your driver is coming up on a slower-moving vehicle on a two-lane road. Instead of slowing down behind that vehicle, they get into the left lane to pass.

Well, it just so happens the slow-moving vehicle is turning left and ends up right in the path of your truck and driver. Crash happens.

There is a legal leg to stand on for being established in a passing lane, especially if the slow-moving vehicle does not have its blinker on. However, if given the choice I would much rather avoid the accident and everything that goes with it than fight the battle of proving my driver was in the right.

Actual Examples:

1. A car in Oklahoma was towing another car with a chain. They had their hazards on. When my client’s truck was passing in the left lane, the third-party vehicles turned left into the path of my client’s truck.

2. Another CMV hauling water in West Texas was slowing down to turn left. They turned their blinker on as my client’s truck was starting to pass in the left lane. My client’s truck proceeded to keep passing and the third party CMV turned into their path.

3. A service pickup was slowing down, with no blinker. My client’s pickup got in the left lane to pass and had established themselves in the passing lane to go around. The third-party turned left into their path. We were able to help this client fight the liability of this claim and the accident report was rewritten to be in the client’s favor.

4. My client’s driver comes up on a slow-moving rock hauler in West Texas. Initially, the rock hauler had his right blinker on. My client’s driver gets into the left lane to pass. At the last minute, the rock hauler decided to not turn right and instead turned left right into the path of my client’s truck. Liability is currently being disputed in this claim.

What can you do about this?

Use this email as a toolbox talk or training material in your next meeting. You could also make passing a vehicle on a two-lane road something your company prohibits and is non-negotiable.

We cannot control the other vehicles on the road and slow-moving vehicles on a two-lane road are unpredictable.

Ultimately, we don’t want another lawsuit and more attorneys to deal with.

Any lawsuit that a plaintiff attorney wins and gets a paycheck from is just furthering the problem. Please share this with an industry peer and have them join what we have going on here. Thank you.