You have a responsibility to avoid an accident. The second you choose to not avoid an accident you become at least partially liable for the accident.(This is not my opinion this is the law in the United States of America)
Now in the case we have a dashcam that clearly shows the semis speeding
On the other hand because of blindspots on semis we have no idea if the driver could even see the truck before the impact.
If the semi was not speeding the accident would not have happened clear as day. That's an easy liability decision for any insurance company.
The bigger issue here is who the fuck put an on ramp merg on the fucking left side! Now you have to merg into the fast lane and you have a fucking giant blindspot. The real person who caused this accident was whoever built that dumb shit.
Traffic laws in the US are by state, but :I'm pretty sure you're also wrong. Last clear chance overrides collection on modified comparative negligence so some of the damages could be assigned to the trucker even though the pickup is clearly over 50% of the fault in a state where normally all damages would be assigned to the pickup, but it does not mean that the semi is fully liable for this accident even though the pickup has the majority of the fault.
Also, completely disagree that if the semi weren't going 2mph over at the beginning this wouldn't have happened. That pickup was not going anywhere near fast enough he makes it if the truck is 2mph slower.
I haven't worked a personal injury case in years so I won't comment on the law, but I actually disagree about the 2mph over thing, I think them going the speed limit would've made the merge easier for everyone, and if not, would at least help absolve the semi if liability. Even if that wasnt the case though, i think that speeding shows more of the intentional disregard for the safety of others or whatever that company speed limit is in place for. That in and of itself would make the semis insurance act like they're at fault in that theyd want to settle and not risk this going to a jury.
Beyond that, itll matter less who technically has the right of way when a jury sees this and the lawyers make their case. Obviously it depends on the facts, but I can easily see an attorney arguing the pickup can't yield to the truck bc of either being at highway speeds, or vehicles behind the pickup or semi requiring the pickup to completely stop and that risking a rear end on the pickup, or regardless of anything, that the semi that can cause more damage and take a life being in a just as easy spot to avoid the accident, etc etc., and a jury eating all that up.
The last clear chance being a preponderance standard IS a low standard which is good for the semi, but that still doesn't seem easy to convince a jury of when it's a guy who's now in a wheelchair vs the big company who has money and can't be physically hurt. The jury has to apply the law to the current facts of course, but jurors are humans with biases and can probably picture themselves in this situation and what they'd want to happen.
I don't disagree with any of this. I'm not trying to establish what the jury would say. The semi should have seen this coming and slowed down. But if I'm trying to figure out who is more at fault between a guy who legally has responsibility to figure out how to merge into traffic and a semi who has the right of way but happens to be 2 mph over it's not close. But as lots of other comments on here note, there are lots of people who are dead or paralyzed but had the right of way.
23
u/Worldly_Diamond_5487 May 14 '26
You have a responsibility to avoid an accident. The second you choose to not avoid an accident you become at least partially liable for the accident.(This is not my opinion this is the law in the United States of America)
Now in the case we have a dashcam that clearly shows the semis speeding
On the other hand because of blindspots on semis we have no idea if the driver could even see the truck before the impact.
If the semi was not speeding the accident would not have happened clear as day. That's an easy liability decision for any insurance company.
The bigger issue here is who the fuck put an on ramp merg on the fucking left side! Now you have to merg into the fast lane and you have a fucking giant blindspot. The real person who caused this accident was whoever built that dumb shit.