[quote=seniorjudge;50511]As far as I know, no court has ever ruled that talking on a cell phone is negligence in a traffic violation.
Even with the spate of cell phone restriction laws in place?? It in itself is a citable offense in some areas, I would imagine it could be used as a determination as to negligence. Regardless, I don;t believe that would apply in this situation.
If the commercial truck was curbside (I presume out of the driving lane) and they then left the curb and interacted with your vehicle, the truck is simply guilty of failure to yield the right of way to traffic. The fact that there was or was not a turn signal should not override his requirement to yield to traffic. A turn signal does not give right of way to a vehicle, it only is a warning of impeding action. The bottom line is that if the truck could not safely enter traffic without causing a vehicle to avoid them, they are guilty of the failure to yield charge.
So, in my mind it gets down to; was the truck moving?
If so, then the truck is at fault. If the truck was not moving, then you are at fault for failure to avoid an obstacle within your path.