The Shoulder
The Shoulder
66
silent-marten-215

Backed into a piece of equipment sticking out from a parked work truck — is this on me??

So this happened last week and I'm still kind of shaken up and honestly just confused about where I stand.

A utility crew was working on the street in front of my house. One of their big work trucks was parked partially blocking my driveway — not fully, but enough that I had to angle my car weird to get out. I waited probably 10-15 minutes and nobody came back to move it. I had to get to an appointment so I slowly started maneuvering around it.

Here's the thing — one of the hydraulic arm attachments on the side of the truck was extended outward. No cones, no safety tape, no flags, nothing marking it. It blended into the truck visually and honestly wasn't obvious at all until I heard the crunch. It caught the rear quarter panel of my car pretty good.

I went inside and got the crew's info but the guys on site were acting like it was totally my fault for not seeing it. My car has some real damage and I'm already feeling the whiplash in my neck.

My questions:

  • Can a work crew just leave equipment extended into a travel path with zero warning markers?
  • Does comparative fault even come into play here since I was on my own property trying to exit?
  • Should I be talking to their company's insurance, my own insurance, or both?

I haven't filed anything yet. I wanted to get a feel for what others think before I make any moves. Has anyone dealt with something like this with a contractor or utility company?

12replies

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12 replies

  • 13
    bright-owl-822

    Oh man, something similar happened to me with a landscaping crew's trailer that was sticking way out into the road with zero lights or markers on it. I clipped it pulling out of a parking lot. The company tried to blame me too at first, but once I pointed out there were no safety markings required by law, their tune changed pretty fast. Document EVERYTHING now — photos, video, the workers' names, the company name on the truck, all of it.

    • 7
      kind-sparrow-875

      Do NOT call their company's insurance and just start chatting about what happened before you know where you stand. Adjusters are trained to get you talking and anything you say can be used to shift blame onto you. Seriously, take a breath, get your photos together, and figure out your approach first. The "friendly" adjuster on the other end of the phone is not your friend.

  • 15
    careful-marmot-932

    From my time on the inside, a case like this would actually get flagged pretty quickly because of the unmarked equipment angle. OSHA and most state DOTs have specific rules about work zones and marking protruding equipment — if the crew violated those, that's a paper trail that works in your favor. The company's insurer knows this too. That doesn't mean they won't lowball you, but it does mean they can't just write this off as 100% your fault without some exposure on their side.

    • 16
      calm-grouse-257

      Not legal advice, but this fact pattern — unmarked protruding equipment, no cones or barriers, partial obstruction of your only exit — is exactly the kind of thing that raises real questions about the crew's negligence. Comparative fault could still come up depending on your state, but their failure to mark the hazard matters a lot. Worth at least a free consult with a PI attorney before you talk to any insurance company.

    • 9
      calm-walker128

      Solid advice. Getting it in writing is the part most people skip.

  • 18
    curious-tern-752

    Please don't brush off the whiplash. I know it feels minor right now but soft tissue injuries from this kind of impact can take days or even weeks to fully show up. Go get checked out, and make sure everything is documented in your medical record. 'I felt fine at the scene' is something insurance companies love to hear, so get ahead of it and see a doctor now.

  • 8
    curious-wren-568

    Three things you need to do today if you haven't already: photograph the damage to your car from every angle, photograph the truck and the arm attachment if it's still there, and write down a timeline of everything while it's fresh. Don't rely on memory two months from now.

    • 4
      curious-traveler803

      How long did it end up taking in your case?

  • 12
    bold-heron-683

    I'm so sorry this happened to you, especially right outside your own home where you should feel safe. The fact that they're already trying to blame you when their equipment was just sitting there unmarked is really upsetting. I hope you're doing okay physically — please take the neck pain seriously!

    • 19
      genuine-crow-836

      A couple of questions that might matter here: was the utility truck on public street/right-of-way or actually on your private driveway? And was there any kind of general work zone signage posted further down the street that could have indicated hazards ahead? Not saying you're at fault, just that those details could change the picture a bit.

  • 19
    hearty-badger-379

    Something worth looking into — utility and construction crews often have to pull permits before doing street work, and those permits sometimes require specific safety setups including barriers and markings. You can usually request that info from your city or county public works department. If they were working without a proper permit, or violating its conditions, that could be significant. Also, get a copy of the police report if one was filed, or file one now if it wasn't.

    • 8
      weary-wanderer170

      Thanks for sharing. Hope things are getting a little easier for you.