Who is liable in the event of an accident involving a truck?
May 13, 2022 | 40,00 EUR | answered by Emma Weinert
Dear Lawyer specializing in Transport and Logistics Law,
I am reaching out to you as I have found myself in an uncomfortable situation and urgently need legal advice. My name is Karl Kieselbach and I work as a professional truck driver. Recently, I was involved in an accident with my truck, fortunately no one was injured, but significant property damage occurred. Now I am facing the question of who is liable for the incurred costs.
The situation was as follows: I was on my way to my destination when another vehicle suddenly changed lanes without warning, resulting in a collision. I followed all traffic rules and was not tired or distracted. However, I am unsure if partial blame could be assigned to me.
Currently, my truck is damaged and in need of repairs. Additionally, there is a possibility of legal consequences as the cause of the accident is not yet fully clarified.
My main concerns are that as a professional driver, my job is at risk if I am found at fault for the accident. Also, I am unsure which insurance would cover the damages and if I should expect financial losses.
Therefore, my question to you is: Who is liable in a truck accident in such a situation? Are there ways to strengthen my legal position and protect myself from potential consequences? I would greatly appreciate a comprehensive consultation on this matter.
Sincerely,
Karl Kieselbach
Dear Mr. Kieselbach,
Thank you for your inquiry regarding the accident you had with your truck. It is understandable that you are concerned about your legal position and possible consequences. As a lawyer specializing in transport and logistics law, I will be happy to provide you with detailed advice on this matter.
First and foremost, it is important to determine who is liable in a truck accident in such a situation. In your case, where another vehicle changed lanes without warning and a collision occurred, it is likely that the liability lies with the other vehicle. You have indicated that you followed all traffic rules and were not fatigued or distracted, which speaks to your innocence. Therefore, it is probable that the liability insurance of the other vehicle will have to cover the damage.
To strengthen your legal position and protect yourself from potential consequences, it is essential that you gather all relevant information regarding the accident. This includes, for example, photos of the accident scene, witness statements, police reports, and expert assessments. These documents can help reconstruct the accident sequence and prove your innocence.
Furthermore, I recommend that you promptly seek the assistance of an experienced traffic lawyer who can support you in legal matters. A lawyer can help you assert your claims, clarify liability, and potentially protect you from financial losses.
It is important that you adhere to all deadlines for damage settlement and actively assert your rights. Therefore, seek advice from a lawyer early on to best represent your legal interests.
I hope this information is helpful to you and I am available for any further questions.
Sincerely,
Emma Weinert
Lawyer specializing in transport and logistics law
