Amy in NH Posted January 31, 2014 Share Posted January 31, 2014 I need to do a brain dump to get this out of my head so I can get back to working with my kids today... Wednesday afternoon I brought my kids to their piano lesson. I was traveling behind another vehicle in a 50mph zone on a two-way state highway, and we were going the speed limit. The roads are curvy and narrow here in the mountains. We approached a road that intersects on the right side at an acute angle. That side road comes up a steep hill and levels out at a stop sign before joining the main road, enters the road from the rear of the traveling traffic (if that makes sense), and is not allowed to make a left turn due to the angle of the road. A large yellow tractor with a bucket loader on the front blew through the stop sign and cut us both off. I was sufficiently surprised to remark to my children about it. A few hundred yards further up the road it curves to the left, and around the bend is a long turnout on the right side before the road continues down a hill. When we got to the turnout the tractor suddenly pulled into it. The car in front of me went by the tractor (which was still moving), and I started to go by when the tractor suddenly pulled back out into the lane of traffic - seemingly without even looking - and would have side-swiped me because I was next to it at that point. I swerved into the lane of oncoming traffic to avoid it. Luckily there wasn't anyone next to me in that other lane, but vehicles that were approaching had to swerve to miss me. I was pretty upset and blew my horn. The tractor blew his in response. I dropped my children off at their lesson, stopped at a friend's house to drop off a paper, and I was still upset. The tractor could only have come from one of two places - the county farm or the state transportation garage. I didn't see a tractor at the garage, so I drove through the county farm where I didn't see one there either. I went back to the state garage. I've been there before because one of my 4-H clubs does a roadside trash pickup and we get signs, etc. from the highway department. I have had a good relationship with the manager there. The garage was all closed up, there was no-one outdoors, but there were a lot of cars in the parking lot and I figured 3pm is the end of their workday so they were probably inside. I had to enter through the garage to get to the office, and I saw a large yellow tractor/bucket loader parked in the garage. I entered the office and asked if they had just had it out, and they replied that they had. I explained what had happened to the two people in the office (a guy behind the desk, and one in the "guest" chair - obviously another employee), and when I got to the end of my story the tractor operator came into the office and in a defensive manner, with his voice raised, proceeded to tell me that he hadn't run that stop sign (which my whole family had witnessed) and that I should have known that he wasn't stopping in the turnout, and he hadn't looked when he pulled back into the road because I should have known that he was going to do that. The conversation was obviously not going to go anywhere, and the operator was unapologetic, so I left. When I got home 2-3 hours later I read through the state driving statutes and administrative rules to see if I was in the wrong before I wrote an email complaint to the state department of transportation, the commissioner of transportation, and the district supervisor. The law is not clear on this point; it is only clear that the person in the lane of travel has the right of way and the entering vehicle does not when it is entering the road from a private road or a driveway. Turnout or shoulder are not listed. I got a nice phone call from the commissioner yesterday. He said he would look into it and get back to me. Just now, I just heard from the district supervisor. He totally didn't listen to me, defended his guy, and the conversation did not go well. He claims that tractor operator had the right of way to pull into traffic without looking because he was traveling in the shoulder with two tires still on the pavement and two in the turnout. Admittedly I was traveling southwest at 3pm with the sun in my eyes, but it appeared to me that he was traveling in the turnout. He couldn't have been traveling in the shoulder before or after the turnout because the road is so narrow that there really isn't one. He said that I should have been in control of my vehicle and slowed to avoid the tractor, to which I replied that of course I was in control otherwise the guy would have sideswiped me because I was next to him - not behind him! And of course his guy is right because they haven't had any complaints ever. I told him that I would not just make up a complaint and then contact the commissioner for nothing - the guy could have killed my children and me. And of course it is my family's word against the driver's about running the stop sign. I let him know that I had contacted the commissioner because I had anticipated his response based on my experience at the garage - a bunch of guys yessing each other. Now I am upset again and I needed to get it out of my head. Thanks for listening if you've managed to read this far. So, am I wrong? If someone is not in the lane of traffic, do they have the right of way to pull into it when someone is in the lane of traffic next to them? PS: I am a very good and safe driver. I was only ever involved in one car accident in which I was the driver, and it was a city water works truck which hit me when I was 16 or 17 years old - like 25 years ago. Quote Link to comment Share on other sites More sharing options...
theYoungerMrsWarde Posted January 31, 2014 Share Posted January 31, 2014 :grouphug: :grouphug: You had the right of way, not him. Sorry they were jerks. Quote Link to comment Share on other sites More sharing options...
Lolly Posted January 31, 2014 Share Posted January 31, 2014 You are not in the wrong. If nothing else, now the guy DOES have a complaint against him. Quote Link to comment Share on other sites More sharing options...
Catwoman Posted January 31, 2014 Share Posted January 31, 2014 You were right and he was wrong, but in your situation, I wouldn't have confronted the guy about it. What if he had done more than raise his voice? Of course, I'm a big chicken... I'm so glad you were paying attention to the road and that you were a good enough driver to avoid an accident! :grouphug: Quote Link to comment Share on other sites More sharing options...
Twigs Posted January 31, 2014 Share Posted January 31, 2014 :grouphug: :grouphug: :grouphug: Quote Link to comment Share on other sites More sharing options...
kitten18 Posted January 31, 2014 Share Posted January 31, 2014 So, he was doing a U turn? He was going to be pulling into the lane of oncoming traffic (the ones who had to swerve to avoid you?)? :confused1: It sounds crazy, he was completely wrong. Quote Link to comment Share on other sites More sharing options...
Amy in NH Posted January 31, 2014 Author Share Posted January 31, 2014 You were right and he was wrong, but in your situation, I wouldn't have confronted the guy about it. What if he had done more than raise his voice? Of course, I'm a big chicken... I'm so glad you were paying attention to the road and that you were a good enough driver to avoid an accident! :grouphug: It was a garage full of people. There's no way he would have assaulted me. In my email I did ask to have my complaint put in the employees file. I wonder how my follow up call with the commissioner will go... Thanks for all the support, ladies! I didn't think I was crazy, and it definitely helps to hear it from others! Quote Link to comment Share on other sites More sharing options...
athomeontheprairie Posted January 31, 2014 Share Posted January 31, 2014 Sorry! I think you're totally in the right. I've only ever complained about my state dept. once. when I called him he told me not to b*tch about it. the county commissioner was also less than helpful. I hope something is done in your case. I think you've done all you can and just need to breathe and let it go. Hugs :-) Quote Link to comment Share on other sites More sharing options...
Amy in NH Posted January 31, 2014 Author Share Posted January 31, 2014 So, he was doing a U turn? He was going to be pulling into the lane of oncoming traffic (the ones who had to swerve to avoid you?)? :confused1: It sounds crazy, he was completely wrong. No. He pulled off the road, continued traveling in the same direction in the turnout, and then pulled back into the travel lane, traveling in the same direction the whole time. I had no idea he wasn't going to stop in the turnout. The manager told me I should have known that the operator wasn't pulling all the way into the turnout to stop because the turnout was icy. And I was supposed to know that. Quote Link to comment Share on other sites More sharing options...
Catwoman Posted January 31, 2014 Share Posted January 31, 2014 I have to commend you for following up on this, Amy, as I would never have bothered to complain. I would have been very angry, but I would have let it go. I don't think you will get any satisfaction out of this in the end, though, because unfortunately, it's a he-said-she-said situation and you can't prove anything. The only hope you have is that this same guy has a lousy driving record and already has several complaints against him. Quote Link to comment Share on other sites More sharing options...
Dana Posted January 31, 2014 Share Posted January 31, 2014 I think you did the right thing to complain. Glad you and your kids are okay! I'd probably still be shaken. Quote Link to comment Share on other sites More sharing options...
kitten18 Posted January 31, 2014 Share Posted January 31, 2014 No. He pulled off the road, continued traveling in the same direction in the turnout, and then pulled back into the travel lane, traveling in the same direction the whole time. I had no idea he wasn't going to stop in the turnout. The manager told me I should have known that he wasn't pulling all the way into the turnout to stop because the turnout was icy. And I was supposed to know that. I think I understand but still think he was essentially doing a u-turn. Especially since he claims that his left tires were still on the road. I don't understand how he thought he was going to pull out when there were cars coming from the other direction. sorry, I didn't read that right again. Anyway, I'm outraged for you. Quote Link to comment Share on other sites More sharing options...
Amy in NH Posted January 31, 2014 Author Share Posted January 31, 2014 I have to commend you for following up on this, Amy, as I would never have bothered to complain. Funny, that's what the state commissioner said yesterday. I probably wouldn't have taken my complaint so far if I had received an apology. But the way I was treated after the fact just made me even angrier. I would have been very angry, but I would have let it go. I don't think you will get any satisfaction out of this in the end, though, because unfortunately, it's a he-said-she-said situation and you can't prove anything. The only hope you have is that this same guy has a lousy driving record and already has several complaints against him. Yeah, I'm sure you're right, which is why I wanted to do a brain dump. It is easier for me to let it go now that it is out of my head. Quote Link to comment Share on other sites More sharing options...
Amy in NH Posted January 31, 2014 Author Share Posted January 31, 2014 I think I understand but still think he was essentially doing a u-turn. Especially since he claims that his left tires were still on the road. I don't understand how he thought he was going to pull out when there were cars coming from the other direction. Anyway, I'm outraged for you. No, he cut us off to get in front of us, traveling in the same direction we were already going. By pulling back into the lane while I was next to him he was forcing me into the lane of oncoming traffic (he was on my right traveling the same direction I was going). Quote Link to comment Share on other sites More sharing options...
kitten18 Posted January 31, 2014 Share Posted January 31, 2014 No, he cut us off to get in front of us, traveling in the same direction we were already going. By pulling back into the lane while I was next to him he was forcing me into the lane of oncoming traffic (he was on my right traveling the same direction I was going). I edited after reading your explanation again. I would have never expected him to pull out and then pull back on. The bottom line is that he was driving recklessly. Quote Link to comment Share on other sites More sharing options...
AmyontheFarm Posted January 31, 2014 Share Posted January 31, 2014 This is why a dash camera was invented. My husband is a volunteer fire fighter and more and more of the guys are getting them in their vehicles so they can prove what happened if they are in an accident and to legally protect themselves when they come upon a car accident. Quote Link to comment Share on other sites More sharing options...
fairfarmhand Posted January 31, 2014 Share Posted January 31, 2014 yeah...I get it. I got the same runaround when the county mowing guys knocked half of my bricked mailbox down. Of course, they always defend their guys. Quote Link to comment Share on other sites More sharing options...
Cinder Posted January 31, 2014 Share Posted January 31, 2014 :grouphug: I also think you were right. Mostly I'm just glad you're all ok after such a frightening incident. Quote Link to comment Share on other sites More sharing options...
TKDmom Posted January 31, 2014 Share Posted January 31, 2014 You're right. A driver should NEVER switch lanes without signaling and looking. Even if the are just moving into a turnout and back into the lane of traffic. That guy sounds like an ... idiot. I got in an accident last year (a fender bender) where I was turning right into a driveway on a little residential street. I didn't signal and I swung wide (to the left) before turning into the driveway. I didn't realize there was someone behind me, was shocked to hear a crunching sound when I turned. The guy behind me assumed I was turning left, and tried to pass me on the right. The police officer said it was the other guys fault for trying to pass on the right. The insurance companies came to the conclusion it was 80% my fault for turning without a signal. So my moral of the story is: Always signal. And always keep your distance from the guy who's doing something unexpected and not signaling. Quote Link to comment Share on other sites More sharing options...
Farrar Posted January 31, 2014 Share Posted January 31, 2014 Well, my first thought is that the supervisor handled it HORRIBLY. Even if you were a kook and your complaint was unfounded, it shouldn't be his job to call and argue with you. I would have tried to make it clear that you wanted your complaint filed officially and you didn't appreciate his treatment of you. I would email or call whoever the supervisor's supervisor is and say that basically you felt that the guy was driving recklessly, you were trying to do a public service, and you don't appreciate being treated like you had done something wrong. Good for you for following it up. What a horrible experience. Quote Link to comment Share on other sites More sharing options...
wingedradical Posted January 31, 2014 Share Posted January 31, 2014 If nothing else, this is a very unprofessional organization to allow a driver to come in while you were talking to the office and yell at you. You were taking the correct step - going to his manager. When the guy's wheels weren't completely off the road, I don't know what the rule is but common sense says that any time you deviate from your lane, you watch out for traffic behind you. On the other hand, anytime I see a person in front of me deviate, I am always extra careful about passing them because you never know, especially if he didn't use his turn signal. Drive defensively, as they say. It's especially irritating to me to hear this story, though. A couple of years ago, I saw the following happen: About 20 people in a motorcycle club (mostly retirees) were riding together on a road where motorcycle clubs often ride. They came to a major intersection and stopped at a light. A guy in a large dump truck was speeding and not paying attention (we believe due to drug use) and plowed into them. He was going quite fast and he hit about 7 or eight of motor cyclists, one after the other. The first ones he hit were dragged along the ground under his truck. It was horrible, horrible. Five people died. I am a nurse so I got out to see if I could render aid. There wasn't anything anyone could do for three of them - they were already dead (and mutilated, I must say). 2 more died and 2 more were injured. It turned out this driver had a long record of complaints which his company had paid no attention to. He'd also caused at least one other serious accident. I couldn't believe the state allowed him to have a commercial license. It was sickening - pure carnage and it could have been prevented. It makes me mad and sick every time I think of it. Quote Link to comment Share on other sites More sharing options...
In The Great White North Posted January 31, 2014 Share Posted January 31, 2014 What's a "turn out"? Quote Link to comment Share on other sites More sharing options...
gaillardia Posted January 31, 2014 Share Posted January 31, 2014 You know you were not wrong in your actions. I would consider contacting the human resources department of the state department of transportation. Likely they wouldn't hear of it at all. I'm really proud of you for doing what you did. I tend to crumple up, shrinking into the shadows, etc. when someone starts mouthing off to me that is usually bigger than I am. On a sad note, a friend's daughter was killed on an icy road in upper NY a few years ago and I seem to recall something about a big road construction truck (I'm not saying any wrong from that company necessarily); her little 18 month old son was critically injured and he has since recovered. He and his older sister were left motherless for a little while. Quote Link to comment Share on other sites More sharing options...
SproutMamaK Posted January 31, 2014 Share Posted January 31, 2014 He went out of the lane to drive elsewhere. The fact that he has 2 tires left on the pavement was irrelevant. He left the lane, and in order to get back in the lane he needs to wait for the opportunity. The company is fighting you so hard because they know what a serious and dangerous issue this was and don't want to admit it. Seriously, a tracor blowing a stop sign and then swerving back into traffic without even checking? There's no question tha he was wrong ... which is probably why they're trying to cow you into backing off. Quote Link to comment Share on other sites More sharing options...
Trilliums Posted January 31, 2014 Share Posted January 31, 2014 Sorry! I think you're totally in the right. I've only ever complained about my state dept. once. when I called him he told me not to b*tch about it. the county commissioner was also less than helpful. I hope something is done in your case. I think you've done all you can and just need to breathe and let it go. Hugs :-) Sounds as though you both were treated horribly regardless of fault. You know, I wonder if these complaints would have played out differently if they were lodged by males. Sorry, I just have been reading lately about micro-inequities, and these kinds of responses sound as though they could fit the description. Quote Link to comment Share on other sites More sharing options...
Farrar Posted January 31, 2014 Share Posted January 31, 2014 What's a "turn out"? I assumed it was an exit? Quote Link to comment Share on other sites More sharing options...
Anne Posted January 31, 2014 Share Posted January 31, 2014 A turnout is a wide spot adjacent to a roadway, designed to allow vehicles to pull off the road. Anne Quote Link to comment Share on other sites More sharing options...
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