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How to Determine Fault in Collision When Disabled Vehicles are Involved?

  • Published: May 15, 2010

One in five accidents in roadways happens due to the broken down vehicle. Often the driver is blamed who collides into the disabled vehicle. But some liability also comes on the shoulder of the driver of a disabled vehicle.

Common Accident Causes of Disabled Vehicles

Here are some common reasons why drivers pull the car off the road when it breaks down:

  • Filling up the car with the wrong type of gas
  • Running out of gas
  • Damaged tires
  • Overheating
  • Loss of oil
  • Burnt out clutch cables

Liability Assessment

In some cases accessing liability is difficult whereas it is easy to determine who at-fault is. Mostly when a crash happens in the middle of the road and other cars don’t get a safe passage to move out of the traffic flow. Then such situations become more complicated when it’s snow, for or rain.

When determining a fault, there are many questions that must be considered:

  • Did the hazard lights of both cars were turned on?
  • Was there any safe passage for cars to move out of the road?
  • Was the driver speeding when crashed into the disabled vehicle?

In such scenarios, it is necessary to have a qualified lawyer who has experience in handling such claims.

How You Can Avoid Hitting a Disabled Vehicle?

Always be vigilant and that the best way to avoid any accident. But there comes situations when it becomes difficult even for the alert drivers to avoid obstacles on the roadways. Drivers must take care of speed limits.

It makes it easier for them to apply sudden brakes if there is any obstruction on the roadway. If possible, move to another lane if there is some disabled vehicle on the side or shoulder of the road. It is also important to maintain a proper distance.

If you are following very closely and the vehicle behind you break down then you are liable for the crash.

How To Deal the Situation When Car Breaks Down

Here are some practical steps to take when your car gets disabled or you got into a crash involving a disabled vehicle

  • Keep calm
  • Pullover to the roadside as far away as possible from the moving traffic
  • Turn on the hazard lights
  • Stay with your vehicle if possible until the law enforcement arrives
  • Leave the door of the vehicle open

If you have to leave the vehicle for any reason then make sure to write your name, date, vehicle’s number plate, the time you left the vehicle, and direction where you are going so that the law enforcement officer can see it and immediately contact you.

Got More Questions? Call a Lawyer

Situations involving disabled vehicles may become complicated so it would be in the best interest of you to contact a car accident lawyer Fresno so he can review your claim. They have helped a wide variety of cases involving disabled car crashes.

The attorneys are well-versed in knowledge and experience and shall evaluate your case to determine your eligibility for getting compensation.

About the Author Abronson Law Offices have extensive experience representing individuals
injured in industrial, premises or auto accidents, we strive to be approachable
to our clients, and seek to make them comfortable.