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Unfortunately much of the blame will be put on the semi-truck driver.  He is a professional with a professional driving license, his failure to notice, react and diffuse the situation will result in him  being a large portion of the blame. All those with professional licenses know you are held to a high standard. CDL drivers are no different.

 

The pick-up truck and car will be charged with (or should be) reckless driving.  It is a similar charge as a DUI or school bus infraction, large fines, loss of license, possible jail time. If any one was injured, charges for some form of assault could also be filed.

 

A little back ground on CDL driver standards...

 

A truck driven by a CDL registered driver went through a controlled intersection (fancy talk for one with a traffic signal) while the signal was green for the semi at the posted speed limit. The truck was broad sided by a car that ran the red light, with multiple witnesses. The CDL driver admitted to doing the posted speed limit of 45 mph. The actually speed limit through a controlled intersection in the state of PA is 20 mph, and all commercial vehicles must yield to on coming traffic. The CDL driver was cited for failure to yield and speeding. He got a lawyer, fought and eventually got the charges reduced, not dropped, reduced. 

The  driver of the car was charged with running the red light. The driver of the cars' insurance company paid the claim for the semi truck.

 

 

Insurance rules of who's at fault cannot be used to judge how police will cite DMV code.

 

Another note, if the semi truck was placarded for hazardous materials, no matter who is at fault, any accident with more than $5000.00 damage, and or a vehicle being towed or an injury occurs the State Police must do a accident report. It is extremely detailed and will be sent to the Federal D.O.T. for further review and possible fines. Pennsylvania has it's own regional "CSI" team for these accidents.

Edited by Woods-Racer
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I've sped up before to prevent an a-hole from running up the right lane and trying to jump the line and cut in before, but first chance I get, I almost always move over once I'm passed whoever I'm passing.  Pickup guy should've moved over IMO, and he was instilling his own version of road vigilantism (which I do not agree with), but I still put 90% of the blame on the ###### head in the camaro.  you want to be an a-hole, there are consequences.  I feel bad for the semi-driver though.  Could he possibly not have seen the Camaro, and not know to decrease his speed to make room?

Edited by dEnnis the Menace
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I can't imagine there was anything wrong legally, unless he's well below the speed limit at that point (not sure what the law's view is on that). Following the law and being a duchebag are not mutually exclusive though.

Tailgating and driving off the road to pass someone before swerving back in front and causing a crash is absolutely against the law.

 

There was an Ohio man arrested near here for negligent and reckless driving... It hasn't been connected to this just yet but it seems like he's the man driving the Camaro. He also blew over twice the legal limit.

Batavia police said he fled the scene, that's why he was arrested "in the area of."

Edited by Hoss
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Tailgating and driving off the road to pass someone before swerving back in front and causing a crash is absolutely against the law.

 

There was an Ohio man arrested near here for negligent and reckless driving... It hasn't been connected to this just yet but it seems like he's the man driving the Camaro. He also blew over twice the legal limit.

 

No one's defending the Camaro... well, except for maybe PA trying to come up with his crazy scenarios.  I was talking specifically about the pickup truck in what you quoted.  He may not have done anything wrong legally, but he was definitely an agitator in what played out.  And thanks to me using that description, I am now picturing Brad Marchand behind the wheel of that pickup. 

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Any news coverage of the crash? Was it in the Batavia Bugle? Who got cited? What could they get the pickup driver for? I don't see what she did wrong (in the eyes of the law).

 

 

Not in any of the Batavia news sources that I've seen,

 

As for what the pickup driver could be cited for?  Reckless driving seems appropriate since he was engaging in a road rage type incident.  Also, The Thruway has signs posted indicating that slower drivers should keep right and/or keep right except to pass so failure to obey a traffic control device may be warranted as well.

Camaro driver is carrying a loved one who's having a heart attack. Pickup truck was having a mechanical issue and couldn't accelerate.

 

Discuss...

 

Call 911 and pull over. 

Unfortunately much of the blame will be put on the semi-truck driver.  He is a professional with a professional driving license, his failure to notice, react and diffuse the situation will result in him  being a large portion of the blame. All those with professional licenses know you are held to a high standard. CDL drivers are no different.

 

The pick-up truck and car will be charged with (or should be) reckless driving.  It is a similar charge as a DUI or school bus infraction, large fines, loss of license, possible jail time. If any one was injured, charges for some form of assault could also be filed.

 

A little back ground on CDL driver standards...

 

A truck driven by a CDL registered driver went through a controlled intersection (fancy talk for one with a traffic signal) while the signal was green for the semi at the posted speed limit. The truck was broad sided by a car that ran the red light, with multiple witnesses. The CDL driver admitted to doing the posted speed limit of 45 mph. The actually speed limit through a controlled intersection in the state of PA is 20 mph, and all commercial vehicles must yield to on coming traffic. The CDL driver was cited for failure to yield and speeding. He got a lawyer, fought and eventually got the charges reduced, not dropped, reduced. 

The  driver of the car was charged with running the red light. The driver of the cars' insurance company paid the claim for the semi truck.

 

 

Insurance rules of who's at fault cannot be used to judge how police will cite DMV code.

 

Another note, if the semi truck was placarded for hazardous materials, no matter who is at fault, any accident with more than $5000.00 damage, and or a vehicle being towed or an injury occurs the State Police must do a accident report. It is extremely detailed and will be sent to the Federal D.O.T. for further review and possible fines. Pennsylvania has it's own regional "CSI" team for these accidents.

 

 

This is the crux of the point I was trying to make.  This is very potentially more than a lesson learned incident for a meathead.  A CDL holder can lose alot while being a complete victim here.

Edited by weave
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Tailgating and driving off the road to pass someone before swerving back in front and causing a crash is absolutely against the law.

 

There was an Ohio man arrested near here for negligent and reckless driving... It hasn't been connected to this just yet but it seems like he's the man driving the Camaro. He also blew over twice the legal limit.

 

In accidents that I have been involved in if someone is legally drunk the other vehicle, even if at fault, will be dealt with almost no prejudice. The rationing is, the drunk driver should not have been on the road, and if they weren't,  there would be no accident. If either the Camaro or P/U guy where drinking, all other parties will be seen to have little to no fault, and not expect any citations.

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Not in any of the Batavia news sources that I've seen,

 

As for what the pickup driver could be cites for?  Reckless driving seems apropriate since he was engaging in a road rage type incident.  Also, The Thruway has signs posted indicating that slower drivers should keep right and/or keep right except to pass so failure to obey a traffic control device may be warranted as well.

 

One thing he does have going for him is that, as far as I remember, you never see his brake lights light up.  So at least from that video, he could very well be moving at a good speed.  For all we know from that video, it very well may be the truck driver speeding up so that he can't pass.  I doubt anyone believes that for one second, but it could definitely be argued based on that video.

Edited by shrader
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One thing he does have going for him is that, as far as I remember, you never see his brake lights light up.  So at least from that video, he could very well be moving at a good speed.  For all we know from that video, it very well be the truck driver speeding up so that he can't pass.  I doubt anyone believes that for one second, but it could definitely be argued based on that video.

 

On that hill it isn't happening.  That grade is too steep for most semis to maintain 65, let alone accelerate.

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Not in any of the Batavia news sources that I've seen,

 

As for what the pickup driver could be cited for?  Reckless driving seems appropriate since he was engaging in a road rage type incident.  Also, The Thruway has signs posted indicating that slower drivers should keep right and/or keep right except to pass so failure to obey a traffic control device may be warranted as well.

 

Call 911 and pull over. 

 

 

This is the crux of the point I was trying to make.  This is very potentially more than a lesson learned incident for a meathead.  A CDL holder can lose alot while being a complete victim here.

 

My bet, unless he has a GPS/log system that shows him (the semi driver) greatly reducing speed before the Camaro leaves the road to pass, he will be sited for careless driving.  Careless is a one tier down from reckless, in the same classification as going 25 mph over posted speed limit. 3 points on his license, if he losses his job almost no one will hire him with a careless driving citation.

 

If the truck behind him backs him up on greatly reducing speed to get away, he has a chance also.

Edited by Woods-Racer
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Camaro's entirely at fault.  Doesn't matter what the pickup truck does legally.  Pickup truck wasn't going considerably slower than traffic, so he's not legally obligated to move right, especially if he has to accelerate to pass the semi.  Camaro shows no patience, tries to cut off, then pass on the grass.  Somewhat lucky no one ended up underneath the semi/trailer.

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On that hill it isn't happening.  That grade is too steep for most semis to maintain 65, let alone accelerate.

 

Those are the kind of things I can't tell from just the video.  Was it the thruway?

 

I do wonder if the truck driver may have actually saved the whole thing from being far worse.  I have no clue how those things handle, but I get the feeling he played some role in the whole wreck going off the road and the shoulder.  There's no way that other truck behind him was going to be able to stop if any of those three cars had remained on the road.

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Camaro's entirely at fault.  Doesn't matter what the pickup truck does legally.  Pickup truck wasn't going considerably slower than traffic, so he's not legally obligated to move right, especially if he has to accelerate to pass the semi.  Camaro shows no patience, tries to cut off, then pass on the grass.  Somewhat lucky no one ended up underneath the semi/trailer.

Actually the pick up truck accelerated to block the Camaro from entering the left lane then slammed on his brakes as to not hit the car in front of him. P/U truck gets instigator call....

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There are signs all over the Thruway that say keep right except to pass.

 

Actually, don't they say "Slower traffic keep right"?  The intent is the same, but no one wants to label himself as a slow driver.

Careful what you ask for.  We're all a holes at some point.

 

This is profound.

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I'd put about 95% of the blame on the Camaro driver; but the pickup driver deserves about 70% of the blame. (Yeah, not = to 100%, what's the point. Well more than enough stupidity to go around.) Hopefully the trucker was ok. And hopefully BOTH pinheads got the book thrown at them.

 

I agree with you 123%

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http://wivb.com/2015/04/27/video-captures-big-crash-on-i-90-near-batavia/

 

Camaro dude blew 0.19

 

Does this change anyone's opinion? 

 

Nope.  Pickup still needed to move over.

 

I'll add that the efforts of the pickup to box in the camaro were, in hindsight, essentially egging on a drunk. All the more reason you simply move over and let an impatient driver pass.

Edited by weave
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Nope.  Pickup still needed to move over.

 

I've been in that situation, my mistake was accelerating uphill to pass  a truck because I had a bozo three inches from my back bumper. 

It got me a ticket from Erie County for 68 in a 55. 

 

I seem to remember the the the deputy said "tough cookies,"  to me.

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I've been in that situation, my mistake was accelerating uphill to pass  a truck because I had a bozo three inches from my back bumper. 

It got me a ticket from Erie County for 68 in a 55. 

 

I seem to remember the the the deputy said "tough cookies,"  to me.

 

I'd still take that over the end result for this pickup truck.

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