Disclaimer:
1. All quotes are partials for brevity.
2. I'm not a lawyer.
3. My experience is largely in vehicles with more than 2 wheels. (Also a former truck driver)
when i made the turn from cherry st. the truck was ahead of me maybe 70-80 metres, as i approach 60 -50 metres he was slowing down and pulling to the side onto the gravel, made the stop and was completely off the pavement. i had a clear road and had no reason to STOP, if he was checking his mirrors he would see me.. those trucks have blindspot mirrors... i continue, 30-20 metres and i see the front end turn quickly onto the road again, i squeeze clutch, gear down and apply both brakes, bike skids and im under the middle of the truck, *thump* *thump* *thump* and im lying hugging my duffle bag with gf's helmet in it.
Unfortunately even if he was checking his mirrors you've made 2 horrible life threatening assumptions in 1 statement. First of all, even if he was checking his mirrors, he is
not guaranteed to see you. Further more "those trucks" don't always have blindspot mirrors, and thanks to a myriad of factors they may not be functioning as intended, these even include the size of the driver! I'm not a big guy, (weighing only 140 lbs when doing long haul. I'm only 5'7") and once watched a SMART pull along my right side. I watched him in the broad flat mirror. When he got alongside my passenger door I looked over to the "top-down" I had mounted over the door. I couldn't see him in it. I looked to the nose mirror. Couldn't see him in it either. The car had simply disappeared. Put this into perspective in that you're half the size of a SMART when you're on you moto. After a few moments he came zooming out from under my nose mirror. If I hadn't noticed him coming up alongside to begin with, there was a good chance of my flattening him.
I'm assuming you were doing the speed limit in this scenario which would put you at 50km/h. That says that this entire incident took less than 3 seconds. Time wise something is off. The truck would have been braking if he was pulling off. This could be engine braking, which would give no "light" warnings. Second of all this is an industrial area with some reclaimed land for parks/harbour. Trucks are expecting trucks. Diligence in this area is key. Assume that
noone can ever see you; even if you make eye contact.
so the difference here is if he completely stopped or was moving? what if he was crawling, foot off the brake going 2 miles an hour, checks his phone for second then looks up and makes the turn? who can prove that?
Correct. And unfortunately throughout your posts you fail to with 100% certainty declare which he was doing. I hope there are veritable witnesses.
he definitely wasnt in semi circle formation to make the left turn, i was meters away i would have seen the front tire as big as my body already on the road.
again he was parallel to the road, slow moving or not, signal or not, i am in clear vision and approaching at regular speed limit.
there were witnesses apparently but i dont think they were (close) behind me... i believe they were in the oncoming direction and may have seen the truck turning from afar and possibly my bike sliding out, as well as the aftermath.
One of the deceptive things about 18-wheelers is the way that roads and 4 wheelers force them to make their turns. When making a right turn watch the truck to dip right, swing left, and finally back to the right in a broad sweep. What this has the effect of doing setting the trailer up like a wall in the lane, preventing vehicles from coming up the right side, while they make their right turn. The exact same sequence will occur to the left. There may not have been enough "sweep" for you to notice this. For instance you fail to mention if he was
completely off the road.
im praying there are cameras but what if there is not?
i wake up everyday uncertain about my future, my health, my relationships, my career and it seems like a joke
I don't suspect there will be cameras pointing at the road for this but you need to get a lawyer and get them to investigate this. It may confirm the events and put you 100% in the clear of a bad driver.
You need to find someone who you can trust to talk to about this. I can only imagine how traumatizing this has been. The shock probably didn't help the detail retention that you need to defend yourself on this. Our primary instinct for traumatic events is to try to forget them. You can't until this is sorted out.
OP get a lawyer. They will get witness statements and form a case for you, something that not a single person here can do for you, unless they are a lawyer.
<- Can't stress this point enough.
As a truck driver, seeing other drivers not signalling makes my blood boil. Cars are bad enough but a normal drivers cannot possibly make predictions about how much room a truck will need to turn. We have a higher seating position and experience operating the vehicle to make these decisions where cars do not. A failure to indicate on the part of a truck driver can and does get people killed.
Don't fail to consider that approaching a vehicle stopped on the shoulder at the speed limit is not advisable, safe or riding within the limits of your vehicle even if it might be legal.
Another case of being right, doesn't help if your dead. As a former truck driver, I agree about seeing bad driving habits especially in
professional driver. The Higher seating position helps visibility, but only if using it correctly. Unfortunately the point of experience is not entirely true. There are many companies out there that higher fresh inexperienced operators. They figure that the money saved from wages offsets the damages. Worse is that they are often forced into driving in city limits in high-traffic areas. They don't have the experience yet to use their visibility effectively.
insurance finds me 50% at fault according to section 10-6
i was on the left tire track, i see a HUGE truck coming from the left and im trying to gear/slow down but its not enough, the tail would smack me... my instincts tell me to do everything to avoid the truck including riding further away + braking.. which probably caused me to skid out and end up on or to the left of the center dividing line.
i think i was found on the opposite left tire track
Unfortunately this may have been a contributing factor. Knowing that drivers often like to have at least a sliver of their trailer in view to aid in backing, you may have been outside the cone of vision of the driver, even though you were technically in the same lane. I'd almost bet that you couldn't see the driver in the mirror when you were up alongside, in that track. When a truck is fresh pulled over or in the process of doing so, it's not a bad idea to make sure that you focus on his mirror, you need to see him, because he's
probably going to look before opening his door.
thanks brian, the truck turned onto the dirt road to make the wide left turn BUT first he was parallel with the road and at a STOP or rolling.
I believe i was at a distance that allowed me to proceed, he didnt poke a wheel onto the road and check for traffic, he just made the turn from the shoulder to his destination.
i wish there was video to show
This is the problem. You still haven't identified that he was stopped or rolling. You need to find evidence of this either in witness statements (lawyers job) or video (again, lawyers job).
Most importantly:
I'm glad you're okay. You've survived what thousands of others would not. I've seen first hand when trucks run over creatures with tough shells (Armadillos in Arkansas). They usually lift the truck before the shell gives. Unfortunately the shell does give, and that plating is a fair chunk tougher than plastic and styrofoam.
Don't let this accident get you down. Look to the bright side that you're alive. Get some professional help, both legally and emotionally. What you've got on your plate as a result of one bad left turn is a lot to deal with. Even the ones who tell you to "just buck up and take it like a man cuz they would", would need help dealing with what you've been through.
GWS and I hope you find the evidence that puts you in the clear. It sounds like the driver didn't have enough experience to be doing what he did. I'd almost (having been in the situation) bet that he was checking an address against paper work, realized he was going to miss the drive, and jumped the corner without a full mirror sweep, and shoulder check. Probably had his window closed and ac on preventing him from hearing you as well. Driver pro-tip: when in slow speed areas, at the very least crack your window to aid in your situational awareness. You may not always see, but sometimes you can hear. Why limit your ability to sense what's going on around you?
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