Criminal Law Questions? Ask a Criminal Lawyer.
Hello there --
The person who stopped for the funeral procession would probably not be liable because it is actually the law that oncoming and ongoing traffic are supposed to stop or slow down for a funeral procession if it can be done safely. So, unless it is shown that that truck driver did not stop or slow down safely, there may be some responsibility. The truck directly in front of your brother might also be held responsible if it can be determined that he was speeding and could not stop in time or if he was travelling too closely to the truck that stopped for the funeral procession and that is why this truck had to veer off at the last minute. While I know it can be pricey, the best way to prove that this accident was not completely your brother's fault is to hire an accident reconstruction specialist. You can generally find one either online or by contacting a local personal injury attorney in your area to see if the attorney is interested in the case at least until there is an accident reconstruction done. While I am genuinely sorry about what happened to your brother, we are all familiar with the general road rule that the person in the rear is responsible for what happens in front of him and so the insurance companies for both trucks are going to claim that your brother was either speeding or not paying attention and the fact that no tickets were issued by the police does not clarify the situation at all - either in favor of or against any fault on your brother's part, THat is where an accident reconstruction specialist can answer your questions once and for all and give you a general idea of whether or not your brother and his family want to pursue this matter civilly.
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