Who Decides Who Is Responsible When Two Cars And A Truck Collide?

6 January 2022
 Categories: , Blog

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Car crashes can be very complicated, and often, you may have multiple parties pointing fingers at each other. When there is more than one vehicle involved in the accident and one of these vehicles is a commercial truck, each party will want to blame the other two parties for the accident. You might wonder who ultimately decides who is responsible for the accident.

The Police

After any car accident, you will immediately need to call the police because it is required by law and may even help your case. The police officer has the authority to come to the scene of the accident and interview everyone who is involved in the accident. They will also interview everyone who has witnessed the accident. 

By explaining what you saw during the accident, you may be able to influence the investigation and lead the officer to conclude that one of the drivers in particular was at fault. In some cases, one or more drivers will be cited for violations or may even be arrested. The officer might determine that a driver was under the influence of alcohol, for example.

The Judge

The judge or jury will determine who is at fault for the accident if your case ultimately goes to trial. Both you and the other party will present evidence at the trial, and the plaintiff must convince the judge, based on the preponderance of the evidence, that the defendant was at fault for the accident.

However, most cases do not go to trial, and the best way to receive compensation for the damages you have suffered is to negotiate a settlement with the insurance provider of one or both drivers. The commercial truck driver will have an insurance provider with a higher policy limit in most cases and you will usually want to focus on settling with them as a result. However, you are allowed to reach a settlement with multiple parties if each is considered to be at fault.

Personal Injury Lawyers

Each side is likely to have lawyers on their side, especially the commercial truck driver, and the insurance providers have their own lawyers. For this reason, it's a good idea to hire your own personal injury lawyer who can assist you in your investigation and negotiate a better settlement. They will also help you calculate the damages you have suffered so you will be able to maximize your compensation.

For more information, reach out to a personal injury lawyer near you.