Visitor Question

Auto Accident While Standing on the Side of the Road…

Submitted By: Anonymous (USA)

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?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

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 a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: March 20, 2011

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