Legal Question in Insurance Law in Maryland

Auto accident-who's insurance pays?

My son was involved in accident involving a drunk driver who slammed into the cab of a tractor trailer (TT) on the highway. TT lost steering came across highway, son's car then went under back of TT and was dragged onto medium strip where the accident ended. Son was not critically hurt and walked away with just minor injuries, although he was pretty shaken, his car was totalled.

Who would pay for son's car, med. expenses... drunk driver's insurance or the tractor trailer's.


Asked on 12/05/06, 7:56 am

2 Answers from Attorneys
Daniel Press Chung & Press, P.C.

Re: Auto accident-who's insurance pays?

The drunk driver would be liable. The truck driver would only be liable if s/he was negligent.

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Answered on 12/05/06, 8:01 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Auto accident-who's insurance pays?

Are you asking how to file your claim? Or are you asking who should be sued?

The drunk driver has liability due to driving while intoxicated. Here the question is what proof supports this. Was he/she charged? Was there a conviction?

The truck driver may also be liable if it can be shown that he/she was not operating the vehicle in a safe and recognized manner and was not able to maintain control of the vehicle.

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Answered on 12/05/06, 10:01 am


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