Pulling off to the side of the road is a dangerous decision and should only be done in the case of emergencies. Many individuals are killed while on the side of the road. If you strike another vehicle that has pulled over to the side of the road, you may not be considered at fault depending on how the other driver was performing this act.
When the Driver Who Pulled Over Is at Fault
The driver who is pulled over to the side of the road might be responsible for the accident if they are blocking traffic and if they are not using their hazard lights. For example, your auto accident attorney will need to make sure that you did not cross your lane and hit the other vehicle.
The stopped vehicle should have its warning lights on and the driver should not exit the vehicle until it is safe to do so. If you crash into a vehicle that did not have its warning lights on, you could argue that you did not see the vehicle and are therefore not responsible.
You might crash into the vehicle or accidentally hit the driver exiting the vehicle. You might be injured as a result of the accident, but you will not want to admit fault until you have spoken with an auto accident attorney.
Why You Shouldn't Admit Fault
By admitting fault after an accident, the defense will have a much easier time pursuing a civil case against you. Even if it is later determined that the other party was at fault, they may be able to offer a lower settlement because you initially admitted fault.
States Have Different Laws Regarding Passing a Vehicle on the Shoulder
In some states, you are expected to slow down if possible when passing a car on the shoulder and change lanes if doing so is possible. Regardless of what the laws are in your state, if you violate them, you will have a more difficult time claiming that you should not be held liable.
Crashing into a car that is on the shoulder can lead to very serious injuries for yourself, and you will want to make sure that all of your medical bills are then calculated. If the other party is at least partially at fault, you may be able to receive some compensation for your injuries with help from an auto accident lawyer.