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Miami Injury Lawyer > Blog > Auto Accidents > How is Fault Determined in Shoulder of Road Accidents in Florida?

How is Fault Determined in Shoulder of Road Accidents in Florida?


Occasionally, a motor vehicle may pull over to the side of the road. Reasons why vehicles stop on the side of the road vary from one case to another. Some may be required to pull over because they were stopped by the police, while others must stop on the roadway or highway shoulder after being involved in a car crash.

Regardless of why you are required to pull over, the shoulder of the road may seem like the safest place to stop your vehicle. However, what many do not realize is that thousands of auto accidents occur when vehicles stop on the side of the road.

If your car crash occurred on the shoulder or side of the road, do not hesitate to speak with an experienced car accident attorney in Miami. Determining liability in a shoulder of road accident can be tricky because there may be multiple at-fault parties in your collision.

Who’s at Fault in Accidents While a Vehicle is Stopped on the Shoulder?

Depending on the facts surrounding your crash, either the driver of the vehicle stopped on the side of the roadway, a passing driver, or both may be held liable for injuries sustained in accidents that occur on the shoulders of the road.

The injured party must prove that the other driver was negligent in order to recover damages. In Florida, you can establish the other party’s negligence by demonstrating evidence that the other motorist breached their duty of care.

For example, if you pulled over and your vehicle was struck by a driver who was distracted by his phone, you can prove that the motorist breached the duty to exercise reasonable care. Also, as the injured party, you are required to prove that the breach of duty caused your injury.

What if You Were Partially at Fault for the Shoulder of Road Accident?

You might be entitled to compensation even if you were partially at fault for causing your injury in a shoulder of road accident. Florida follows the doctrine of pure comparative fault, which means your compensation is reduced by your own degree of fault in the crash.

For example, if the other driver was distracted, but you failed to pull over far enough from the road, you may be partially at fault for the accident. If you were deemed 20% at fault for the collision, you would be entitled to 80% of the amount of damages from the at-fault driver.

Why Do Shoulder of Road Accidents Occur?

Under Florida law, drivers are prohibited from obstructing the roadway with a motor vehicle. For this reason, when possible and safe to do so, motorists who had been involved in a crash are required to exchange information after stopping on the side of the road.

Some shoulder of road accidents occur when police officers pull over a vehicle, especially if the vehicle has any mechanical problems or experiences a tire blowout. A driver may fail to stop on the shoulder of the road safely, while others may fail to signal their intention to change lanes to pull over.

A vehicle can remain a hazard to passing vehicles even when it is stopped on the side of the road, especially when weather conditions are adverse. Regardless of how your shoulder of road accident occurred, contact a skilled Miami car accident attorney to establish fault in your particular case. Speak with our lawyers at Pita Weber Del Prado by calling at 305-670-2889 today.


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