I am sorry to hear about your accident. Hypothetically, if the commercial truck extended into the street, even when parked to the side of the road, the operator of that truck may be considered negligent if any collisions occurred as a result. This follows common sense, as a reasonably prudent driver would not expect or anticipate a parked vehicle, or a portion thereof, to extend significantly into the driving portion of the street. If you had collided with the truck because you did not have enough time to react to the parked car as you crested the hill, then the truck operator/owner may have been considered negligent.
However, you mention that you were following a vehicle at the time of your accident. More importantly, you mention not only that the other driver had time to brake and avoid colliding with the commercial truck, but that you also rear ended that other driver. Because the other driver had time to brake, and because you failed to leave enough following distance, failed to maintain an adequate lookout while driving, and otherwise failed to avoid colliding with the other vehicle, I surmise that any claim you may have against the commercial truck owner/operator is shaky at best. In fact, I would be concerned with the driver you rear ended pursuing a claim against you. I advise seeking the counsel of a local attorney right away, as your circumstances warrant further attention.
Disclaimer: We are licensed, Texas attorneys, and base our writings on Texas law. This information is current and accurate at the time of posting. We do not update previous posts if/when the laws change. This blog does not constitute legal advice.
Justin B. Demerath
O'Hanlon, McCollom & Demerath
Attorneys and Counselors at Law
San Antonio Personal Injury Attorneys
-- Justin Demerath
