Someone Hits My Car While It is On The Shoulder of a Highway, Now What?
The shoulder or side of the roadway can be a hazardous spot, which is why responsible motorists only use it in an emergency when there are no other options.
Since 2015, approximately 1,600 people have been hit and killed while outside their vehicles parked on the shoulder. According to the AAA, among the motorists who do not follow the state’s Move Over laws, 42% believed it was not really dangerous to other people. This shows many motorists do not realize how hazardous the situation is for those stranded or working along roadways.
Deaths and serious injuries can be prevented if motorists move over and slow down to provide people on the shoulder sufficient space to work safely. Motorists must always pay attention to all sides of the roadway, so they will have enough time to switch lanes when they spot a parked vehicle on the shoulder.
Various emergencies and distractions can occur when driving, requiring a driver to park their vehicle on the shoulder. These emergencies normally involve bad weather, a flat tire, a child having a tantrum, a medical condition, or engine trouble, and many others.
Whenever a vehicle is stopped at a shoulder, its driver and passengers are at risk of injury due to the reckless driving of others. If a moving vehicle hits one parked on the shoulder, there may be a question as to who is at fault for the crash and who must be held liable for it.
Liability in Road Shoulder Accidents
A thorough investigation is needed to determine who caused the crash and who must be held legally accountable for it Did the passing vehicle crash into a parked vehicle within the shoulder boundary, or, was the parked vehicle interfering with the traffic flow.
Determining these factors help establish which driver should be held responsible for the crash. For example, a driver of the passing vehicle who was drunk, drugged, distracted, failed to stay in the lane, or was otherwise driving recklessly may be liable. On the other hand, a driver of the parked vehicle who blocked the lane, did not turn on their hazard lights, or did not use alternatives (a nearby exit or parking lot) may be found responsible for the accident.
Consult with a Skilled Manchester, CT, Roadside Lawyer Now
All motorists can help prevent deaths and injuries stemming from road shoulder crashes by paying attention at all times, slowing down, and moving over whenever necessary. For people who have suffered serious injuries in road shoulder accidents or other kinds of motor vehicle accidents, the Manchester, CT, roadside lawyer of Berman & Russo can provide legal guidance.
Please call their office at 860-644-1548 or send an online message to set up a free case review with their skilled Manchester, CT, roadside lawyer.