Legal Question in Personal Injury in Maryland

Re: Is a driver who hits a vehicle always at fault

You need to consult with an experienced personal injury lawyer to go over the facts in detail and see if there is a claim there. If the truck driver or owner asserts a claim, your boyfriend's insurance should cover it - be sure to notiofy the insurance co. ASAP.

Re: Is a driver who hits a vehicle always at fault

It sounds like the police investigator didn't do his job in determining how the accident occurred. As you describe the accident, the truck driver is responsible because he changed lanes without caution or made an illegal turn from the left lane. I suspect the truck driver told the officer that he was well ahead of your boyfriend and mostly through his turn (having swung wide due to the length of the truck) before your boyfriend hit him. The absence of an independent witness makes it extremely difficult to convince the insurance company that their insured is solely responsible. You can take your chances in court, but it will still boil down to a contest between which of the drivers to believe.

Re: Is a driver who hits a vehicle always at fault

The driver who hits a vehicle is not always at fault. The police report is not always controlling since the officer did not witness the accident. Your boyfriend should contact an attorney as soon as possible to protect his interest.