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Auto accidents are typically thought of as being a collision between two moving vehicles. The truth is that many accidents involve a disabled vehicle. Any vehicle that is pulled onto the shoulder of the road is considered disabled.
It can be challenging to establish liability in an accident involving a disabled vehicle. You will need help from a car accident attorney to prove you are entitled to compensation for any injuries you sustain in a collision with a disabled vehicle.
Location of the Disabled Vehicle
One factor that can help establish liability when you collide with a disabled vehicle is the location of the disabled vehicle on the roadway. Drivers have an obligation to ensure their vehicle doesn't pose a safety threat to other motorists, even when the vehicle isn't in operable condition. All disabled vehicles should be pulled to the shoulder and out of active traffic lanes. If you hit a disabled vehicle that is located in the roadway, you can prove that the driver of that vehicle was negligent in selecting a location to leave the disabled vehicle.
Use of Hazard Lights
All vehicles are equipped with hazard lights that alert other drivers to problems. Flashing hazard lights make it possible for a disabled vehicle to be seen at night, in the fog, and under many other driving conditions. If you collide with a vehicle that does not have visible hazard lights, this could be an indication that the driver of the disabled vehicle was negligent. Your attorney will be able to utilize photographs taken of the scene of your collision to determine if adequate warning of a disabled vehicle was provided.
Driving Conditions
The condition of the roadway can play a role in establishing liability for a collision with a disabled vehicle. Anytime the traction on a public roadway is compromised, the likelihood of an accident increases. Your attorney will be able to determine if ice, rain, or snow played a part in your accident. You will also review any evidence from the accident scene that indicates your traveling speed at the time of impact.
If it's determined that you were driving too fast at the time of the accident, you could be found liable for damages. Your attorney must be able to establish that you were driving safely and legally given the road conditions when you collided with a disabled vehicle.
Share17 November 2020