Hitting A Disabled Car On The Freeway

Accidents That Involve Disabled Cars

Car accidents could be a very stressful experience for every single party involved, it could be especially stressful if the car accident occurred on the freeway or highway. With several cars driving at exceptionally fast speeds on the freeway and highway, accidents on the freeway could be very dangerous, and there is always the potential for another car accident.

Our top-rated car accident attorneys always advise that in the case of an accident on the freeway, make sure that you get to a safe area. If it is possible to drive your car to the side, make sure that you move your vehicle out of the way of other oncoming vehicles. Because of the fast rates of speed at which each car is traveling, they could be very hard for other vehicles to come to a complete stop if you are in the way. Unfortunately, disabled vehicles on the side of the freeway have become very common recently. Not only is this an accident hazard, but other vehicles that try to slow down and take a look at the disabled vehicle start traffic on the freeway.

This then raises the questions: do I have responsibilities as a driver to other disabled vehicles? What if I hit a disabled vehicle? Will I be responsible for the car accident?

In California, all vehicles must follow the California Vehicle Code. The California Vehicle Code goes into specifics as to how each driver should approach intersections, drive through residential streets, and drive onto freeways. Under the California Vehicle Code, each driver has a duty and responsibility to make sure that they are driving at a steady pace, and a safe rate of speed. A driver cannot exceed the posted speed limit on the freeway. Also, a driver must be cautious about their speed depending on the weather and road conditions. This means that if the road conditions are poor, then a driver must drive well below the speed limit. The California Vehicle Code establishes a duty and responsibility to all drivers on the road to drive in a reasonably safe manner.

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Am I responsible for hitting a disabled car on the freeway?

Your responsibilities depend on the circumstances of the accident, and the position of the disabled vehicle at the time of the accident. There are several different factors to consider,  Which could include:

  • Whether there were warnings of the disabled vehicle: oftentimes we have seen freeway signs warning other drivers of a disabled vehicle on the road. If there are adequate warnings that alert drivers of the disabled vehicle, then you could be held responsible for colliding with a disabled vehicle on the freeway.

  • Navigation warnings: nowadays, several navigation programs, such as Apple Maps, warn drivers of any potential disabled vehicles on the road. Oftentimes, these warnings are made in real time. If the party can prove that the driver had a notification from their navigation warning them of a disabled vehicle, then the driver who collided with the disabled vehicle will be held responsible.

  • Rate of speed: one of the first things that all attorneys will take a look at when there is a collision with a disabled vehicle is how fast the other vehicle was driving prior to colliding with the disabled vehicle. If the other driver was driving at a faster rate of speed than the posted speed limit, then the other driver will be held liable for any injuries caused from the collision with the disabled vehicle. Because speeding could affect the rate at which a car will come to a complete stop, the driver who is speeding will be held liable.

Who can be held responsible for a disabled vehicle collision?

  • The other driver: as discussed above, if the other driver was speeding and driving negligently at the time of the collision, they could be held responsible.

  • Manufacturer: if the driver of the disabled vehicle experienced some type of defect with their car that made it disabled in the first place, they could hold the vehicle manufacturer responsible for any damages that they have sustained.

  • The driver of the disabled vehicle: if the driver of the disabled vehicle negligently maintained their car, for example, fails to get their brakes replaced when they needed to, they could be held responsible for causing the accident.

What should I do if my vehicle is disabled?

  • If you’re ever stuck on the freeway, make sure that you have your car’s hazard lights on. When the hazard lights are on, it could let other approaching vehicles know that your car is disabled and for them to slow down.

  • If you are more towards the left side of the freeway, make sure that you move slowly to the right if you can.

Call 911 from your phone for assistance towing your vehicle or for any medical assistance if you have sustained any injuries.

What if I was also responsible for my accident?

In California, there is a law called comparative negligence where a party could still recover compensation even if they were partially at fault for causing the accident. For example, if the owner of the disabled vehicle negligently failed to maintain their car and cause the car to be disabled, they could be held somewhat responsible for causing an accident if another vehicle were to collide with the disabled vehicle.

However, regardless of how much you were at fault, you are still allowed to get compensation from the other party who was also held responsible for causing the accident. For example, if you were determined to be 95% responsible for the accident, you are still able to recover that 5% from the other vehicle who collided with your disabled car. For more information on comparative negligence rules and laws, give our car accident attorneys a call today to discuss your liability, and how you could still get compensation from the negligent parties. We always work to make sure that  our clients get the help they deserve, and the compensation they deserve.

Call Our Car Accident Attorneys Today For A Free Case Evaluation

Have you been injured by another vehicle while your car was disabled? Call us today. Not only is one accident stressful, but it could be even worse if you were involved in two accidents because your car was disabled after the first one. You have the right to hold both drivers responsible for both accidents. To determine how you can move forward with your potential car accident lawsuit, give our top rated attorneys a call today to discuss your case. We are available 24/7 for our clients, and we will be able to answer any questions that you may have.

Collisions with disabled cars could be very complex, and require the skill and experience of a highly qualified attorney. Make sure that your car accident lawyer has dealt with collisions with disabled vehicles in the past. There needs to be extensive discovery done to collect all the necessary evidence since this could be a complex case with several parties involved. Make sure that you have the right car accident attorneys on your side, and give our Los Angeles attorneys a call today.

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