Shoulder of Road Accidents

Emergencies and unexpected events, such as brake failure, flat tires, severe drowsiness, or running out of gas, often cause drivers to need to pull over to the shoulder of the road. Unfortunately, the shoulder of the road is not an especially safe place to be. Most drivers who have pulled over are focused on what they need to do to address the reason they pulled over: calling a tow truck, changing a tire, or getting gas. However, shoulder of road accidents are common and can result in serious injuries. If you have been hurt in this type of crash, you can consult the Los Angeles car accident attorneys at Sharifi Firm to explore your options.

Drivers are supposed to be careful to stay within their lane and avoid the shoulder of the road while driving. Unfortunately, nobody expects a car on the side of the road, and a car can be a surprise that is difficult for other cars to avoid. Generally, it is important to leave the hood of your car up with hazard lights flashing if you need to pull over so that you can alert other drivers that you are there.

Like other car crashes, most shoulder of road accidents are the result of negligence. As a plaintiff, you will need to prove by a preponderance of the evidence that the defendant owed you a duty, which was breached, thereby causing your injuries and damages. If the other driver violated a safety law in the California Vehicle Code, it is possible that negligence per se (negligence as a matter of law) will apply. In such cases, the primary disputed issue is damages.

In some cases, however, shoulder of road accidents happen because a driver fails to pull all the way out of the road and onto the shoulder. A driver who forgets to pull all the way off may be partially responsible for his or her own injuries. California follows the doctrine of comparative negligence. Under this rule, the jury will evaluate the fault of both the plaintiff and the defendant, and the total damages recoverable by the plaintiff will be reduced by an amount equal to the plaintiff's own responsibility for the accident.

Although many shoulder of road crashes are caused by negligent driving, they may also be caused by poor highway design or maintenance. Police investigations may not investigate roadway design or maintenance as a potential cause of an accident. It is crucial for your own attorney to retain an expert to determine whether the cause of the crash was a dangerous defect of the roadway about which the government knew or should have known.

The shoulder of the road can be a dangerous place for numerous reasons, and it is important as a driver to take all possible precautions. At Sharifi Firm, APC, our experienced Los Angeles lawyers can help you assert your right to compensation for shoulder of road accidents. We work with experienced accident reconstruction experts and can put our experience, legal knowledge, and strong reputation to work for you. For a free consultation, call us at (866) 422-7222 or contact us online. Our motor vehicle collision attorneys also represent people in Temecula, Rancho Cucamonga, San Bernardino, and Riverside, among other cities in Southern California.