Cybertruck sideswiped on highway. ROAD RAGE?

[Deleted member 17810]

But from a practical, common-sense perspective, both drivers share responsibility,

Nah, other driver started crossing over when he hadn't even passed the front bumper of OP. You need to clear the car before changing lanes.

You can see the rear lights in the right camera and the front of the car in the front camera.

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[Pops]

The OP made a poor choice to add a sudden burst of power, it may have even been more of an emotional reaction than a conscious decision. But that doesn't excuse it.

To be clear, from a legal perspective I'm not certain where the legal liability lies, or how it is divided up. But from a practical, common-sense perspective, both drivers share responsibility, both drivers exhibited extremely poor judgement and extremely poor situational awareness. This kind of accident was entirely avoidable, by either party. It should have never happened.

I have personal experience with this, I was merged into by another vehicle when I was on a motorcycle. I was in California and my insurance company explained it very clearly to me. It is 100% the responsibility of the vehicle merging into another lane that it is safe and free of other vehicles.

Accelerating or decelerating doesn't create a liability of the person already in the lane. Unless they are breaking the law, like speeding or not using lights at night this is 100% fault of the person merging.

I don't know why anyone would entertain that this is a shared responsibility accident, its so obviously a 100% fault event. If someone wanted to nick pick the 1 second of acceleration before impact, I bet you could use the same video to time the markers and show the minivan was speeding, no turn signal, and starting merging before passing the OP.

 

[SeattleTom]

OP, oh wow man, I’m so sorry. That is a terrible situation but hope you keep up with car shows - I think this was just a random idiot. And there’s no escaping that!

It’s absolutely not a shared responsibility. The other driver merged into the lane and hit the Cybertruck. Send the video to your insurance. You won’t have to pay for the repair.

 

[jookyone]

Insurance first, they'll do stuff with the video and the other insurance will pay (assuming the cop has an account of who they talked to). Lucky for you I guess, the other person is filing a claim and you'd have their name that way.

 

[Crissa]

Looks like you accelerated hard at the last second. Did you?

Since the guy was parallel at that point and not signaling, that's irrelevant.

I got run off the road in heavy traffic once, and instead of hitting the end of the shoulder I accelerated into the guy.

Police took my side, as did insurance. "Better to hit him than have a single car stuck on the median," they said.

I would have dialed 911 as it was happening. Show police video.
He should be cited.

911: What's your emergency?
Caller: Highway patrol, please.
911: Thank you, transferring now...

If you have dealt with your side of an emergency, and are reporting racing, drunk driving, reporting a disabled vehicle on the shoulder or in a rest area, - basically anything that doesn't need an ambulance or fire truck and you know which department to talk to - ask to transfer to the correct department.

I've even forced the highway patrol to get me a locksmith, once, too, when I fell asleep at a rest area and locked my keys in the car. Got a big sigh from that one, but state cops are responsible for the safety at rest areas.

-Crissa

 

[c379776]

Since the guy was parallel at that point and not signaling, that's irrelevant.

I got run off the road in heavy traffic once, and instead of hitting the end of the shoulder I accelerated into the guy.

Police took my side, as did insurance. "Better to hit him than have a single car stuck on the median," they said.

-Crissa

You are assuming its irrelevant. Context matters! Why does everyone feel its ok to respond to a question I posed to the OP? The OPs failure to respond says something too. He knows he caused the accident.

 

[Crissa]

I always wonder about whether the driver has a valid license and insurance. Here in California it seems you can get away with it. Back in the UK, if you got caught driving without a license or insurance, the cops towed your vehicle away and crushed it. I can only hope one day they will do something similar here.

It's an automatic impoundment in California as well. (As my spouse once found out the hard way.)

But it's all civil penalties - whereas driving off without rending deets and aid is criminal. That way it's less bad for someone to stop and render aid even if they don't have insurance or license.

-Crissa

 

[Crissa]

You are assuming its irrelevant. Context matters!

Sure. Was the OP recklessly speeding? Because the video shows the other car going faster than him.

-Crissa

 

[c379776]

I don't speak for anyone but myself. I was referring to what I saw in the same video you saw where you asked the question " Looks like you accelerated hard at the last second. Did you? " Based on the video, that was not the case.

as for the rest of the video, before and after....yes, I agree that would add additional context.

Look closer. The video shows hard acceleration by OP contributing to the collision..

 

[HaulingAss]

I have personal experience with this, I was merged into by another vehicle when I was on a motorcycle. I was in California and my insurance company explained it very clearly to me. It is 100% the responsibility of the vehicle merging into another lane that it is safe and free of other vehicles.

Accelerating or decelerating doesn't create a liability of the person already in the lane. Unless they are breaking the law, like speeding or not using lights at night this is 100% fault of the person merging.

I don't know why anyone would entertain that this is a shared responsibility accident, its so obviously a 100% fault event. If someone wanted to nick pick the 1 second of acceleration before impact, I bet you could use the same video to time the markers and show the minivan was speeding, no turn signal, and starting merging before passing the OP.

Like I said, with great power comes great responsibility. The Cyberbeast can appear to warp time and space and it's irresponsible to accelerate aggressively when another car is obviously over-taking on the right. And that begs the question, why was the OP cruising in the fast lane to begin with. Stay right unless over-taking slower moving traffic.

This was the result of two drivers with very poor situational awareness. The legal liability may rest on the other driver, I'm not 100% sure (and the legal answer doesn't even interest me very much). The legal details don't excuse the poor behavior, and poor situational awareness of the OP. It was a real bone-headed move on multiple levels (like not pulling right to let faster traffic pass on the left). This accident happened in broad daylight with the Cyberbeast making a very aggressive move that was entirely uncalled for, as if nobody should be able to pass such a superior vehicle.

Shame on both of them, this is how dumb accidents happen in broad daylight with clean, dry pavement and no mechanical faults. This is why I always say that humans are really bad drivers. We have video proof. Hopefully they both learned important lessons so they become more skilled motorists. As someone who enjoys all the power my Cybertruck and my Performance Model 3 have to offer, I know I have to use it in a safe and responsible manner, not to try to own the public highway I'm sharing with other motorists.

 

[Crissa]

Look closer. The video shows hard acceleration by OP contributing to the collision..

How many times are you going to post this?

That's irrelevant. The other car was going faster than him and didn't signal.

Cars can change speed. This is something they do and you need to be aware of when you're merging.

Like the other day, I was merging onto a highway, and fit myself into the gap between two cars. But the car behind me decided to accelerate into the car I was following. So I was aware, and dodged him and then passed him on the left. Because it's up to me, merging into the lane, to be aware of what the idiot next to me is doing.

Even if it's very difficult to dodge an idiot hitting you from behind.

-Crissa

 

[HaulingAss]

Accelerating or decelerating doesn't create a liability of the person already in the lane. Unless they are breaking the law, like speeding or not using lights at night this is 100% fault of the person merging.

From a legal perspective, I suspect you are correct.

From a survival of the fittest perspective, neither driver should be on the road. Just dumb all around.

 

[DJAlan2000]

I‘m sorry that happened to you. Unfortunately, I know this far too well. For this happened to me twice. Hopefully, not to my CB when it comes in. For sure, you were not at fault. The law of the land dictates if you’re in your lane and another vehicle comes into your lane it is other other person‘s fault. Definitely, send that video to your insurance and let them handle it. Furthermore, file a police report quickly. Insurance company will need this too. Added plus to filing is the other person will get a ticket. Even though it won’t make the damage on your CT go away, but you will feel a little better.

Agreed...

Also, you can see in the video that the other driver did NOT use a turn signal AND (at least in this short vid) didn't pull over to the shoulder afterwards either. BOTH are against most state laws.

In addition, check with the DMV in your state to see if you (and the other driver) are REQUIRED BY LAW to report it to the police and/or the DMV - usually based on amount of damage done (or ANY injuries or other property damage).

But it's all their fault... UNLESS your state REQUIRES that you are ONLY allowed to drive in the left most lane to PASS VEHICLES and you must then pull to the right afterwards...

 

[Jethro]

1. Don’t give up on the car shows, that clown could have been coming from McDonald’s. Better off giving up on driving on public roads.
2. Video says it all, his insurance will quickly settle out of court. Save video to a flash drive you never want back and provide it it to the police. He will get an improper lane change ticket at the least.
3. File you own claim against his insurance so they repair the damages.
4. File a suit for lost value damages now you have to check yes to the box “was vehicle in an accident ?”
5. I’d sue for lost wages, emotional distraught, lost time for having to deal with stupidity.

the video doesn’t show the driver, could have say it wasn’t them driving, But idiot needs the police report to file claim thereby implicated himself as the driver. You got it in the bag.

Thanks for your valuable insights…very helpful at reducing our anxiety.

I did not mean to imply that the other driver was coming from the car shows back in MO. It’s just my CT is not in show condition anymore.

I have a clear pic of the driver in another camera…it also shows that he is actually in my lane when he is still behind us.. I also noticed he didn’t use a turn signal.

I hear the word ”sue” a lot and we dont know how to do that in Kansa…will the insurance company do that for us or do we have to get our own in Kansas?

Thanks again!

 

[UberNoob]

Thanks for your valuable insights…very helpful at reducing our anxiety.

I did not mean to imply that the other driver was coming from the car shows back in MO. It’s just my CT is not in show condition anymore.

I have a clear pic of the driver in another camera…it also shows that he is actually in my lane when he is still behind us.. I also noticed he didn’t use a turn signal.

I hear the word ”sue” a lot and we dont know how to do that in Kansa…will the insurance company do that for us or do we have to get our own in Kansas?

Thanks again!

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