Unfortunately, it’s more dangerous to be a driver stranded at the side of the road than driving on the road itself. There’s a variety of reasons you could be hit while stranded at the side of the road from fog, distracted drivers, or those driving drunk.
However, these cases are complex, and the driver is not always at fault. There are many cases that force attorneys to ask tough questions to determine fault. For example, if a car is stationary and parked at the roadside and hit, who is responsible? Who’s liable for hitting a stranded car in Texas?
Here, we share how The Stephens Law Firm approaches complicated accidents that involve a car parked on the side of the road. Get in touch with our legal team today if you’ve been involved in one of these accidents.
If you’ve been injured by the negligence of another, you could hire any injury law firm, or you can hire a West Houston law firm that focuses on automobile accident cases. Joe Stephens has been defending injury victims in Texas for over 3 decades from negligent individuals, companies, and greedy insurance companies. As a top rated vehicle crash lawyer in Katy, TX, Joe handles all cases personally, and his staff is always available to answer questions.
Can You Sue or Be Sued for a Disabled Vehicle Car Wreck?
If you are involved in a car accident by having your car at the side of the road, stranded – can you be liable or hold someone liable?
In Texas, a driver can drive on the improved shoulder to the right of traffic if it’s safe and necessary. An improved shoulder is a part of the road but looks different. Drivers should not use this for everyday driving and as another lane.
The improved shoulder can be used for:
- Avoiding a collision
If a driver can’t safely move to the right shoulder, they can use the left shoulder.
What if you have traveled to the shoulder safely and correctly? Can you sue or be sued for a disabled vehicle car wreck?
If your car is not on the improved shoulder and just on the road, then you can be held liable. However, if your vehicle is safely on an improved shoulder, the driver who hit you could be held responsible for the collision.
In Texas, courts have the power to use “comparative negligence.” This means that even if you are partly responsible for the accident, you can still claim compensation from the other driver. For example, if you were found 30% at fault, you can claim up to 70% from the other driver.
There is a limit to this rule, however, at 51%. So, if a court finds you more than 50% responsible for an accident, then you can’t make a claim.
Other Factors that Contribute to Fault
It’s important to note that other factors can complicate fault in these accidents, such as:
- Drunk Driving
- Distracted Driving
- Careless Driving
At the same time, you could be held responsible for the accident if you knowingly drove a dangerous vehicle or a vehicle with an issue.
Due to the complex nature of these cases, it’s important to have a skilled and experienced attorney at your side to help you with your case. An experienced attorney like Joe Stephens can help you launch an investigation to decide if you have a claim to make.
If You Were Injured in a Car Wreck Involving a Disabled Vehicle Call West Houston Injury Attorney Joe Stephens Now
If you’re unsure whether you can sue or be sued for a disabled vehicle car wreck, contact Joe Stephens. Dealing with an auto accident lawsuit can be long and difficult, and Joe Stephens will help build your case and guide you through the entire process. Call The Stephens Law Firm today to speak to our legal team and receive a free consultation about your case.
The Stephens Law Firm, Car Accident Lawyers handles auto accident lawsuits across Texas, including these Houston cities.