How to determine who is at fault for an accident?

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How to determine who is at fault for an accident?

I was traveling at speed limit on three lane highway in the middle lane. An 18 wheeler in lane 3 swerved to avoid hitting a car in front of him (merging onto the highway or not paying attention I don’t know) into my lane as I was next to him causing me to avoid his vehicle and myself hitting the retaining wall. He stopped and police got his information. I was taken to the hospital by EMS and my vehicle is totaled. Is he at fault since he caused me to either hit him or avoid the accident. Again, I was in my lane going the speed limit and he just merged over into mine to avoid his almost accident.

Asked on September 27, 2012 under Accident Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Ultimately the trier of your dispute will ascertain who is at "fault" for the accident that you were in. However, from what you have written, it appears that the 18 wheeler is the cause of your accident by swerving into your lane causing you to hit the retaining wall.

When you get the accident report from law enforcement, cause of the mishap should be set forth within it. I suggest that you may want to consult with a personal injury attorney about your matter.


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