A truck clipped my car on the highway, but the truck driver insists I am at fault since I was in his blind spot—will I be found liable?
If you have ever been in a minor accident, you have had one of two possible post-accident experiences. The first (and preferred) example is one where both drivers are kind, cooperative, and in general agreement about what happened to cause the accident. The second example is one where the drivers are both flustered and on completely different pages, each assuming the other is at fault.
It sounds as though you find yourself in more of the second scenario, and fortunately it also seems that you were not seriously injured. It is this type of situation that highlights just how important it is to file an accident report with law enforcement officials as soon as possible after the crash. Here’s why:
- When drivers’ accounts of the crash differ, law enforcement officials take accounts from both drivers as well as available witnesses. These reports can be used as evidence of what truly happened, which may become clearer after piecing together several reports.
- Another risk of disagreeing drivers is a feud with the insurance company. Insurers are businesses just like any other, and try to avoid paying out unnecessary claims. If there is any type of dispute between you and the truck driver, his insurance will almost surely put up a fierce fight to avoid paying you.
As far as your accident goes, much will depend on the circumstances of the crash. If you were following the rules of the road and were hit, the driver may have breached his duty of care to you by failing to clear his blind spots before changing lanes. If you were making unsignaled lane changes, driving aggressively, or speeding, however, it was you breaching the duty of care which means that you were negligent.
In your scenario, it is advisable to seek the advice of an attorney experienced with truck accident litigation. A careful investigation of the accident can be performed to get a better understanding of what truly happened that day. To schedule a no-cost consultation with a truck accident lawyer today, call attorney Christopher Hudson now, or click on the live chat feature to be connected with a firm representative.