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Night time + Rain + No hazards = very hard to see a car like that at night. You did react late but what if there was someone in your

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Old 10-16-2018, 05:27 PM   #16 (permalink)
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Night time + Rain + No hazards = very hard to see a car like that at night.

You did react late but what if there was someone in your blind spot? You wouldn't have been able to swerve and slamming on your brakes would've been a sure crash anyway.
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Old 10-16-2018, 07:52 PM   #17 (permalink)
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Funny, not knowing where to look when I clicked on the video, I still spotted the truck right as soon as the video started. And that's on a 15" laptop screen on a downsized Youtube screen.

At any rate, I still stand by what I said earlier in this thread.

What I don't agree with is others saying that the OP was traveling too fast for the conditions. Looks like the OP was doing the typical highway ramp/loop speed of around 45-50 mph. Usually, the wide angle lenes on those cameras make it look like you're moving slower than you really are, but judging from the stripes on the road, it looks about 45-50 mph to me.

And yes, it's a bit out of the norm to have a vehicle stopped on the left side of the road, but we have no idea what the circumstances are/were with that truck and its driver. From the looks of it, it was already missing its right rear wheel and tire completely, and the front bumper already up against the wall. If that's the case, and this is where the truck came to a stop, there may not have been anything the driver could have done to move the truck to the other side of the road. But with that being said, the hazard lights should have been on... Unless of course the impact caused the battery to become disconnected.

Either way, I STILL say the OP had plenty of time to react and avoid the collision, and that a lawyer will say the same.

Unfortunately, in this case, the video doesn't lie.
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Old 10-16-2018, 11:23 PM   #18 (permalink)
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OP might have seen the truck, but didn't expect it to be stalled....

I was thinking that OP could have spun out on the wet road if he swerved too hard which might end up a lot worse.

OP - as other stated, you should consult an attorney for a second opinion. it is well worth it because your insurance premiums will likely to go up at least 50% for the next 3 to 5 years if you're at fault. Good luck.

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Blind corner?! I saw the truck sitting there right when the video started on a very well lit highway. How is that considered a blind corner? There was at least 10 seconds or more to react and avoid that entire incident.
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Old 10-17-2018, 07:07 AM   #19 (permalink)
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Blind corner?! I saw the truck sitting there right when the video started on a very well lit highway. How is that considered a blind corner? There was at least 10 seconds or more to react and avoid that entire incident.

I'm sorry, but I have to side with the CHP and insurance. You were literally right on top of the truck before you even thought about swerving.

I think a lawyer will look at the video and say the same.
You saw the truck when the video started because you were already expecting to see it at some point. With the very light traffic, the OP was not expecting a stalled vehicle on the left lane. Ive been in a situation where a vehicle was stalled in a lane (no hazards on), and as I got closer realized it wasnt moving and didnt have much time at all do anything but slam on my brakes.

Regardless, that truck was destined to be hit by the OP or some other unfortunate motorist.
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Old 10-17-2018, 09:17 AM   #20 (permalink)
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It's always easy after the fact, we already know to look for a truck in the lane so it's easy to spot. Most accidents are avoidable if you know what's going to happen before it does. It was dark, raining, a turn, and an unlit vehicle. Be that as it may I think it would be best to get a lawyer but I wouldn't expect this being more then a 50/50 fault unless someone was in the other lane which your video doesn't show, if anything it shows you failing to keep right.
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Old 10-17-2018, 09:35 AM   #21 (permalink)
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I've done hundreds of accident investigations and unfortunately this one is the OP's fault. It's a drivers responsibility to maintain control of his vehicle and to be able to avoid collision by maintaining a safe speed for conditions. Part of that is to adjust speed in adverse conditions to maintan ability to avoid obstacles. The jackass that left the truck there certainly contributed and if it were my investigation I'd also list weather as a contributing factor. But anyone who has ever ridden on a racetrack with an intermediate group of riders should see this as clear as day. If you're faster than the guy in front of you it is your responsibility to safely pass him without incident. You could stuff the crap out of him on the inside or flex on him and roll around the outside. But if you spook him with an elbow on the outside or he bites your rear wheel on a stuff , it's pretty much your fault for a bad pass. But that's racing and this is the street. This incident is no different than hitting the back of a car at a red light ( I would've definitely kept that dashcam to myself )
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Old 10-17-2018, 10:53 AM   #22 (permalink)
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Not to pile on, but as someone else stated, you shouldn’t have been riding the passing lane and while everyone’s reaction time is different, it seemed to me you had plenty of time to move over and avoid the hazard.

That being said, I think the shitty music had something to do with it too.

Just kidding! (about having something to do with the accident, anyway)
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Old 10-17-2018, 12:07 PM   #23 (permalink)
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Welp, OP, it sounds like its time to quit facebook and hit the gym because apparently everyone here is better than you.
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Old 10-17-2018, 01:18 PM   #24 (permalink)
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I've done hundreds of accident investigations and unfortunately this one is the OP's fault. This incident is no different than hitting the back of a car at a red light
This incident is not similar to hitting the back of a car at a red light. There were no flashing amber lights giving the driver notice of a traffic stop. There were no red brake lights. No flashing hazard lights. That statement alone makes me question the validity of your other comments.
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Old 10-17-2018, 01:42 PM   #25 (permalink)
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I suggest OP use the same dash cam to shoot the same section again, but this time with any night time enhancing function turned OFF. It will reveal just how invisible the truck would’ve been.
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Old 10-17-2018, 02:47 PM   #26 (permalink)
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Once the OP settles up with the CHP and the insurance company. He should go after the truck owner in a separate lawsuit. Different laws are applied.
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Old 10-17-2018, 02:55 PM   #27 (permalink)
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This incident is not similar to hitting the back of a car at a red light. There were no flashing amber lights giving the driver notice of a traffic stop. There were no red brake lights. No flashing hazard lights. That statement alone makes me question the validity of your other comments.
You can question all you like. The FACT is that I could walk into any courtroom in the country and testify as an expert witness. If you were in a car under your control and that car comes into contact with a vehicle not in motion then YOU are at fault for failure to maintain proper stopping distance. If said vehicle were to have come to stop earlier in a travel lane and you contact it .....YOU are at fault. If the vehicle is abandoned sideways on it's roof and you hit it.....You're still at fault. You don't have to like what I say and I could care less if you did. Doesn't change the outcome. To be frank , I had an idiot two weeks ago jam on brakes for a flashing yellow in front of a fire station. I got a ticket and a new offroad bumper and some LED lightbars out of it instead of getting factory gear. Was the person stupid , yep. But it was my fault was I too close , by Florida traffic standards, no. But if you look at the book and figure in a 6000lb truck... yeah I was too close. You don't need to look hard to see I dont have to make up credentials. I wasn't flaunting that , I simply gave an opinion when one was asked for. I simply happen to be uniquely qualified with knowledge, training and 25yrs of experience actually doing it.
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Old 10-17-2018, 03:02 PM   #28 (permalink)
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I suggest OP use the same dash cam to shoot the same section again, but this time with any night time enhancing function turned OFF. It will reveal just how invisible the truck would’ve been.
dashcams have light enhancement built into the camera to produce better night time vision than actual real life visibility. Might be challenging to recapture the same scenario unless you have similar weather conditions but definitely worth a try.
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Old 10-17-2018, 03:10 PM   #29 (permalink)
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dashcams have light enhancement built into the camera to produce better night time vision than actual real life visibility. Might be challenging to recapture the same scenario unless you have similar weather conditions but definitely worth a try.
It was wet, but seems the rain had stopped (didn’t see rain drops on windshield). So I think he can just reshoot this at late night, under similar traffic condition.

I think dash cam technology is relatively new, many of us (myself included) aren’t aware just how much these tiny camera’s can enhance a night time video, and jumped to conclusion that the truck was easily seen.
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Old 10-17-2018, 03:21 PM   #30 (permalink)
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Welp, OP, it sounds like its time to quit facebook and hit the gym because apparently everyone here is better than you.
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