The answer to your question is, it depends and I don't feel there are enough facts here to assign fault. If he negligently accelerated then quite possibly the fault could be assigned to him. The insurance company will either accept the fault or they will dispute it. If they dispute it, they will inform you as to why they feel their driver was not at fault.
I am only licensed in Arkansas. No part of this answer should be construed as creating an attorney client relationship.
I agree that it determination of fault will be based on all of the facts and circumstances, including why the truck was backing in the first place, how much time and opportunity you had to back up yourself, and whether the collision was caused by a sudden and unexpected accelaration, etc.. For property damage, the insurance companies will determine who was at fault based on the statements of all party's and witnesses. If you were injured, you need to speak with a good Connecticut injury attorney.
The truck driver may be at fault, but your question is a little unclear. Why did he back up? why were you behind him--had you been traveling behind him before he stopped and backed into you? More info would be helpful? Were you injured? If so, be sure to get medical treatment.
It is not possible to say, who is at fault, but it is possible the truck driver is at fault. If you were injured, seek treatment. If you suffered property damage or injury, contact a lawyer. You may contact me to discuss your case further.
You should retain an attorney to address this issue. The above answer is for informational purposes only and does not constitute legal advice. I have provided this answer only based on the information presented in the question. The specific actions or answers to this issue require additional information. The above information and answering this question does not constitute an attorney-client privilege. I am not responsible for any issues, problems or losses from any reliance on this answer and information, and the consequences of such reliance.
Lawyers can't determine fault from a posting. Simply report it to your insurance company to resolve. That's why we all have insurance.
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It is always better to call the police to investigate any accident you are in to create a record that will be helpful to support any claim you may later make.
Like others who have answered this question, I agree that the ultimate answer to your posting will depend on understanding all the facts and this forum is very general in nature and thus not comprehensive in giving you a definitive answer.
Having said that, the operator of the vehicle backing up has to look before it proceeds, thus it appears that some, if not most, of the fault would be on the truck in Connecticut. However, your actions in operating your vehicle may come into play under what is called comparative negligence.
Regardless, if you are physically injured you should seek medical attention. If you are not physically injured and this is a property damage only issue then you should allow the insurance companies (you should report it to your insurance company too) battle it out.
If you need more assistance your next step is to contact an attorney for consultation. Good luck!
The answers to questions on this site have been prepared by Jim Miron for general informational purposes only and are not intended to constitute legal advice. Viewers of these answers should not act upon this information without seeking professional counsel on the specific facts and circumstances in question from an attorney licensed in their jurisdiction. Use of this site does not create an attorney-client relationship between the user and Jim Miron or any lawyer(s) or law firms associated with Jim Miron and is not protected by the attorney-client privilege.
I agree with the responding attorneys. If you were injured in the accident, you should seek medical attention immediately and contact an experienced personal injury lawyer.
You have been given excellent advice with the previous answers. "Fault" is ultimately determined by a judge, jury or arbitrator if you are unable to resolve the issue with the responsible insurance company.
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