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Shoulder of Road Accidents

There are numerous different types of car accidents. One of the most common accidents is an accident occurring at the shoulder of a road or highway. Emergencies arise that require drivers to pull over to the shoulder or side of the road. However, this location is not particularly safe. By handling these emergencies, drivers are distracted, and often fail to completely pull over. This failure along with poor visibility at night cause accidents. These accidents can result in substantial medical bills, lost wages, potential disability, and pain and suffering. The experienced attorneys at Slatter Law Firm will aggressively fight to recover the maximum compensation for your injuries.

Drivers generally pull over to the shoulder of the road when they experience a car issue. Some common issues are running out of gas; flat tires; brake issues; engine failure; and car overheating. However, drivers often partially pull over to the shoulder and block lanes used by other drivers. Additionally, at night, drivers confuse pulled over vehicles as another car in a driving lane. These factors cause vehicles to collide with the pulled over vehicle. Also, drivers that are attending to car issues are at risk of being struck by oncoming traffic.

Shoulder of the road accidents are governed by the laws of negligence. The law requires drivers to operate their vehicle with care, caution, and attentiveness in order to prevent harm to other drivers. These accidents are therefore caused when drivers' fail to fulfill this duty of care. Shoulder of the road accidents raise issues regarding which driver is at-fault. The following factors will determine fault for your accident:

  1. Whether the car was fully pulled over to the shoulder of the road or blocked a traffic lane;
  2. Whether parked car had hazard lights on;
  3. Reason for pulling over to the shoulder of the road;
  4. Time of day; and
  5. Reason other driver collided with parked car.

In these cases, the insurance attorney will likely argue that your actions caused the accident or that fault is shared between you and the other driver. If you are determined to be partially at-fault, then your compensation for your injuries will be decreased by your percentage of fault. In order to rebut the insurance attorney's arguments, you should hire an experienced accident attorney, who will thoroughly investigate the circumstances surrounding your accident.

Pulling over to the shoulder of the road is extremely dangerous. These accidents result in numerous injuries, ranging in nature and severity. As such, if you need to stop due to an emergency, you should follow the following steps:

  1. Pull over completely to the shoulder of the road and ensure that your car is not obstructing any traffic lane;
  2. Avoid standing near your vehicle as you handle your emergency;
  3. If possible, stop on the right side of the road or highway; and
  4. Turn on your hazard lights.

If you are involved in a shoulder of the road accident, please be sure to exchange insurance and contact information with the other driver, contact 911, determine whether you are injured and need medical treatment, file a claim with your insurance company; and take as many photographs of the scene of the accident, including your and the other driver's vehicles. Finally, you must file your lawsuit within two years from the date of your accident. If you fail to do so, the Court will prohibit you from receiving any compensation for your injuries and damages. As such, this is another reason to immediately retain an experienced accident attorney.

Contact Us Today

Contact a Los Angeles personal injury attorney today if you or a loved one suffered an injury from a shoulder of road accident. Slatter Law Firm has been helping individuals injured due to car accidents throughout Los Angeles and Southern California for over four decades. To schedule a free consultation, call our office at (310) 444-3010 or contact us online.