Auto Accident While Standing on the Side of the Road...

by Anonymous

We were with our car, broke down on the side of the road. While we were standing in front of the car another vehicle hit us from behind, causing injuries.

Whats the law say regarding liability in this kind of accident?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Auto Accident While Standing on the Side of the Road... ":

From the brief facts you've presented it would seem the driver who ran into you should be liable for everyone’s injuries. It pretty much seems like a “slam dunk.” But there will be other factors involved which may alter the outcome.

The liability of the at-fault driver could be diminished if the following occurred at or about the time of the collision:

• You, your friends, and your car were not pulled off the road far enough to let another car pass safely; or

• You did not light any flairs or turn the cars emergency lights on; or

• It was so foggy that even a vehicle traveling at the legal speed limit would have been unable to see you in time.

If none of the above factors existed then the at-fault driver should be responsible for everyone’s injuries.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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