I was involved in a mva where my truck hit a trailor that broke off a truck hitch and made a T in the road. How am i at fault?

It sounds like you have a legitimate case. And, based on your description, it does not seem that you would be 20% at fault for causing the accident.

I advise that you (1) immediately talk to a lawyer and (2) go to the doctor if you are hurting from the accident.

When you meet with a lawyer, you should provide him or her with more specific details about your case. After being advised of the specific details, the lawyer will be able to give you legal advice regarding the potential value of your case and your chances for success.

Good luck.

Sincerley,

Michael L. Barras
MichaelB@BarrasLaw.com
http://www.BarrasLaw.com

I am sure the adverse party is alleging that you were going too fast for conditions and/or failed to keep a proper lookout, thereby attributing the 20% fault to you. If you have not already done so, you need to report this accident to your insurance carrier. If you have collision damage coverage, I suggest you attempt to get the repairs to your vehicle under your own coverage and then let your Company fight it out with the adverse company as to fault.

If you have received any personal injuries in this incident, you should retain counsel as soon as possible. You may also find it helpful to review some of the Legal Guides I have published on Avvo.com, many of which apply to the situations you are now facing after this collision.

Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.

You should consult a Virginia lawyer because issues of comparative negligence or allocation of fault are determined by state law in the place where the accident happened.

It is not clear whether you were operating a commercial motor vehicle in interstate commerce. If you were, then you are subject to 49 C.F.R. § 392.14 provides:

"Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated."

Commercial Driver's License (CDL) manuals in all states say that you should lower speed of a large truck by one-third in rainy conditions, though it appears only a minority actually do that. If the speed limit was 65, the CDL manual would have you slow down by one-third. Failure to do so might be considered as comparative negligence.