if my car stop in the middle of the road and another car rear end the car. Do should i pay are them?

Question

I had my 4 way flasher on. I wasn't in the car when it happen.

Answer 1

no

Answer 2

The other party is MOST LIKELY at fault. If you could have been reasonably seen and you had the flashers on then they would be responsible for causing the accident. The other person will be at fault in most all cases but their are some exceptions.
If you abandoned the car right after the top of a hill or around a turn and you could not be seen but you had the option and were able to go a little farther up and gotten our of the road you may be negligent to some degree.

Answer 3

There are a couple of very important issues to be considered in order to determine who is at-fault for this accident.

1. Was it daylight? If it was night did you have other lights on the car other than the flashers?

2. What was the time frame between when the car was left in the road and when it was hit? If you had time to get out of the car and then the car was hit 45 seconds or more later, than the other guy should be found to be at-fault. The other driver has a duty to be aware of any hazards or obstacles in their path and react accordingly.

Answer 4

In most cases the car that struck you would be at fault and would have to foot the bill. However there are exceptions to everything. For example, if you were on the travelled section of a high-speed highway and failed to take reasonable action to move the vehicle to the shoulder you MIGHT be held responsible for any resulting accident even if your flashers were in use.

I also know of at least one case locally where a drunk driver thought better of his condition and stopped his car in the middle of the road and parked it with the flashers on. It was struck a few minutes later by another drunk driver. The drunken "parker" was ruled 50% at fault for parking his car in the middle of the road. (He did dodge the bullet on DUI charges as the state could not prove that he was drunk when he parked the car there.)

Answer 5

had this same thing happen to a friend...car stopped, moved over as far as the car would roll but not off the road. Turned on flashers. 3 girls rear ended the car and ended up in the hospital. Sued.

my friend won.

unfortunately people tend to be mesmerized by the flashing lights and will actually veer towards them. they also fail to judge how fast they are approaching the disabled vehicle.

common sense says, if you are driving and you hit it, you are responsible. They pay.

Answer 6

You better have a good reason to leave your vehicle in the flow of traffic - IE the rear differential locked up and the tires will not turn so it was not possible for the car to be moved. A flat tire is not a good enough reason to leave the car in the roadway.

It also depends on how long the car was there.

Unless you had a very compelling reason to leave your car in the middle of the road - you are going to be paying for the other cars damage.

Answer 7

Both of you.

After all, you were both stupid. You for leaving your car in the middle of the road, and them for not watching where they were going. And the busier the road, the more it becomes your fault for stopping there.

I've never been able to understand that kind of thing, just because you have your flashers on you think it's okay to impede traffic and block a road?

Answer 8

From an coverage point of view, you would be responsible, as inspite of what the different driving force is doing, it is your accountability to pull up exact interior the form of an emergency, which you probably did no longer do. the situation with the driving force leaving the scene won't be a situation. he's no longer committing an offence till he does not rfile the twist of destiny to a police station interior of 24 hours. by returning to the scene, and concerning the police, he has complied with the regulation. there are various clarification why he could go away the scene, yet despite his reason grew to become into, despite if this is criminal or unlawful, it does not impression the end results of the twist of destiny which will nevertheless be your fault inspite of what he grew to become into as much as. If he makes incorrect allegations approximately you leaving the scene and so on, that's as much as him and the police to coach it. in case you probably did no longer try this, they have not got any evidence and you haven't any longer something to be troubled approximately. merely rfile it on your insurer precisely because it got here approximately, relax and enable them to handle it.

Answer 9

IT WOULD DEPEND ON WHAT THE POLICE OFFICER STATED ON HIS REPORT.

YOU WERE ON THE ROAD AND YOU HAD YOU FLASHERS ON BUT AT THE SAME TIME YOUR VEHICLE WAS ILLEGAL.

ALSO THE OTHER DRIVER SHOULD HAVE SEEN YOU VEHICLE WITH THE FLASHER ON AND MAYBE THEY WERE NOT PAYING ATTENTION.

I WOULD SAY THAT THIS COULD TURN OUT TO BE A 50/50 INSURANCE CLAIM, MEANING YOU PAY FOR YOUR DAMAGES AND THEY PAY FOR THEIRS.

GOOD LUCK

Answer 10

no, that isnt your fault, if you were on the right side of the road, then the car had ample time to see you were stopped, they probally had their head up their *** talking on a cell phone...but you are not at fault especially not if you had your hazard lights on...

Answer 11

The other vehicle was clearly driving without due care because they hit a vehicle that was indicating it was in distress. They were at fault, not you.