Shoulder of Road Accidents
Vehicles may be required to pull over to the side of the road for a multitude of reasons, such as when they have been involved in a minor fender-bender or when they are being stopped by the police. Although the shoulder of the road is the safest place to exchange information or otherwise stop for a moment, it can also create a hazard, especially during inclement weather conditions. The Miami car accident attorneys at the Law Offices of Robert Dixon represent people throughout South Florida who have been injured in a crash occurring on the shoulder or side of the road. Our firm assists victims in determining responsibility as well as pursuing proper compensation by taking the appropriate legal action.Pursuing Compensation after a Shoulder of Road Accident
Depending on the circumstances, either a driver of a disabled vehicle stopped on the side of the road, a passing motorist, or both may be responsible for injuries sustained in these types of collisions. To establish liability and assert the right to compensation, an injured person usually must prove that a defendant acted negligently. To establish negligence, it must be shown that the defendant breached his or her duty of reasonable care owed to the victim. In Florida, all motorists have a duty to one another to act as a reasonable or prudent person would act under similar circumstances. For example, a driver operating a vehicle under the influence of alcohol or drugs, who hits a stopped car due to his or her impairment, probably would be found to have breached the duty of reasonable care. To recover compensation, a victim must also show that the breach was a proximate cause of his or her injuries and that quantifiable damages resulted.
Even if an injured person is partially at fault for causing his or her own harm, he or she may still be able to receive compensation. Since Florida is a pure comparative fault state, each party can typically collect damages in proportion to another party’s degree of fault. For instance, an injured person who is found 30 percent responsible for a crash may still be able to recover up to 70 percent of the amount of damages from another at-fault party.Causes of Accidents While a Vehicle is Stopped on the Shoulder
In Florida, it is unlawful to obstruct the roadway with a vehicle. As a result, drivers who have been involved in an accident are supposed to exchange information on the side of the road, if they can do so safely. The same is true when a police officer pulls a vehicle over, or if a car is having some mechanical problem or a flat tire. However, some drivers fail to maneuver to the shoulder safely, and they often fail to use signals, hazards, or other indicators to another motorist of where they are trying to go.
Once a vehicle is on the side of the road, it can still remain a danger to passing motorists, especially if it is dark, the vehicle fails to pull over far enough, or weather conditions cause decreased visibility. A car or truck that is stopped on the side of the road can cause or contribute to a serious accident and the resulting injuries. Additionally, an inattentive driver passing a disabled vehicle can be just as dangerous if this person fails to use proper caution and have a general awareness of his or her surroundings.Discuss Your Car Accident Case with a Miami Attorney
Serious injuries may result from collisions that occur on the shoulder of the road. The Miami car accident lawyers at the Law Offices of Robert Dixon are experienced in representing victims as they seek proper financial support during the recovery process. Our motor vehicle collision attorneys also represent people in Miami, West Palm Beach, and other cities throughout Miami-Dade, Broward, and Palm Beach Counties. Call 877.499.4878 or contact us online to set up a free, no-obligation consultation.