Roadside Injuries: Liability in Question

There are any number of reasons you may have pulled your car over to the side of the road: out of gas, engine trouble, a flat tire, crying child distracting you, a phone call or maybe bad weather. The problem lies in the fact that you are putting yourself, your passengers and other drivers at risk for a serious collision and the resulting question of who is to be considered at fault.

The shoulder of the road is a dangerous place and should only be used in emergencies, statistics show that fifteen hundred people a year are killed or injured in road shoulder accidents and proof of liability is illusive.

If you have no other choice than to pull off the highway, make sure your vehicle is pulled completely off the road, turn on your hazard lights if operable, open the hood of your car to indicate trouble and make yourself more visible to other traffic and exit your vehicle from the side away from oncoming traffic.

If, in spite of your precautions, you are hit by another vehicle, you need to consult an attorney to handle your claim.

Following the crash, an officer called to the scene will try to determine if you had followed the previously outlined procedures, particularly whether your car was fully clear of the highway.

Following through with the police reports, your lawyer will find out whether the other driver was intoxicated, under the influence of a drug, texting or allowing something else to distract them, or speeding.

Weather conditions will also be considered when assigning fault as will any witness to the accident statements. The facts of each accident determine who is at blame and your attorney will know how to bring out the facts to your advantage and get you a fair settlement and compensation for your losses and medical bills.