Sideswipe or Hit Parked Vehicle

[WorkerMule88]

A couple days ago I bumped mirrors with an 18 wheeler that was parked about 2 feet into the traffic lane. It broke the mirror glass on my top mirror and his bottom mirror. It was on a busy highway during rush hour about 100 feet past an intersection. Management said that it was a sideswipe, making it a tier 2 accident but it seems to me that it would be considered tier 1 (hit parked vehicle). Would it even make a difference if it was re-classified as a tier 1 accident? Also, do I have any defense against it being considered avoidable? A couple things in my defense are the fact that the cars were bumper to bumper, so I did not have the opportunity to switch lanes, and it is against the law to change lanes at an intersection. Also, his mirrors were pushed all the way out while he was parked on the side of the highway. The police officer decided that he was at fault because he was parked illegally and was two feet into the mainlanes. I realize in hindsight that I should have just stopped my package car and waited for an opportunity to switch lanes, and the building manager said that I was not taking the path of least resistance and should have been in the center lane already. What do you guys think?

 

[WorkerMule88]

I was traveling at 45 MPH and there were two sets of lines on the side of the road. An old line and a new line since the city had recently widened the road. The 18 wheeler was parked inside the old line so I wasn't aware that he was sticking out into the lane until I got close.

 

[UpstateNYUPSer(Ret)]

You already answered your own question.


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[upschuck]

Me thinks you get charged with an accident either way, and the only difference is the money UPS sets aside for the accident. Just don't have another one in 9 months and you are fine.

 

[Indecisi0n]

Since you were moving it will be considered a sideswipe. If you are going to fight UPS ruling then get a copy of the accident report from the cop if he deemed the truck at fault. That will help at arbitration.

 

[TooTechie]

Bottom line is you hit a stationary object. Period. It sucks but you have to own it.

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[joeboodog]

Remember that no matter what it will always be your fault. I am sure that during the PCM they told you to work safely. If only you memorized those acronyms better.

 

[UpstateNYUPSer(Ret)]

Remember that no matter what it will always be your fault. I am sure that during the PCM they told you to work safely. If only you memorized those acronyms better.

This is not true. I had a hit while parked that was unavoidable.


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[didyousheetit]

This is not true. I had a hit while parked that was unavoidable.


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Yeah, because you were the parked one


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[UpstateNYUPSer(Ret)]

Did I say that?


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[soberups]

You will be charged. You will get a warning letter. The warning letter will go away in 9 months. Stuff happens, learn from it and move on.


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[wayfair]

Yeah, because you were the parked one


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where's BB58????

 

[didyousheetit]

Did I say that?


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That's how you operate. just saying

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[9.5er]

The warning letter may go away after 9 months but you will have to explain it once a year during your safety ride until you retire. I dented an awning 6 months into my driving career. Been driving since 2005. I have the same conversation every Jan. when it's time for my yearly.

 

[joeboodog]

I guess the mythical "permanent record" isn't a myth.

 

[3 done 3 to go]

Good you said something first. And reported it. I see too many who try to just let it go. Get fired for a week or two. Then get their job back. The hassel of it all. Best to own it. Get a slap on the hand. Worse thing is the ride along and recite your DOK 's. Big deal.

 

[toonertoo]

This is not true. I had a hit while parked that was unavoidable.


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I have had 3 hit while parked, all unavoidable. One at a red light. One at a stop sign, and one while delivering. on the right side, a car parked way up across the street, drove out of the garage and right into my side. It was deemed, I was 1 inch from the curb, not blocking any drives, and no reasonable person could have known this car was going to move. I parked in the best place. Trust me I was shocked on that one.

 

[bleedinbrown58]

where's BB58????

 

[coupey]

I have had 3 hit while parked, all unavoidable. One at a red light. One at a stop sign, and one while delivering. on the right side, a car parked way up across the street, drove out of the garage and right into my side. It was deemed, I was 1 inch from the curb, not blocking any drives, and no reasonable person could have known this car was going to move. I parked in the best place. Trust me I was shocked on that one.

funny, they train us at my center to block driveways.

 

[toonertoo]

funny, they train us at my center to block driveways.

yes they did. now we dont, and next week it will change again/