Car Accident?

Willow

No. Because no matter what she should have seen the car. Even in Fog you can see when you are about to hit someone and if you don't it means you were driving too fast. Which is were the "following too closely" comes into play.

not4u2c_yet

I believe that if you can PROVE that he was parked, stopped in the middle of the road, you might have a case.

The critical part is being able to PROVE that he was stopped.

GUARD DOG

From the situation that you described, your sister was not following too close---the driver of the truck was parked illegally, creating a road hazard. I would say that your sister has a case.

Gsqueeze

Possibly. Around hear, some of the "degenerates" used to park their cars on dark roads and let people run into them. Then they would run out and claim they were in the car and sue. This happened to a roomate of mine, but the joke was on the idiot in the road. My old roomate is a lawyer who happens to know half the cops in this state. The cop let her go and I think arrested the woman who left her car in the road.

With this is mind, maybe she should talk to a lawyer. Most of them give free consultations.

fishpike

If the truck was parked in the road, he is at fault. Anyway, ask your insurance company. They will definately persue it if they think there is a case.

Carol P

Ususally, no matter what, the person doing thehitting is at fault. Even with bad weather, they say that the driver should be paying attention. That the driver should slow down enough to accomodate the conditions. There is a slight chance that you culd prove the other driver was causing a roadway obstruction.... however, chances are that your sister will be pegged with driving too fast for conditions, failure to avoid an accident, etc. Good Luck

regerugged

Yes, she has a defense. The other person created the hazard by stopping on the road. He assumed the risk by stopping and not moving when others advised him to do so.

Yes, I think in that case she does have a defense. Were his flashers on? Or his parking brakes? Or something that would have allowed his car to be seen? He sounds like an idiot, to me.

Once, a very long time ago, my car ran out of gas. I left it parked in the right lane with the flashers on and walked to a gas station. By the time I had gotten back, my car had been hit. Since my flashers were on, it was his fault. If they hadn't been on, it would have been my fault.

Amanda C

sure, she has defense...if there are in fact witnesses who saw the car parked in the road b4 your sister hit it then it was not her fault.....totally.....good luck!

gumgirl159

get the witnesses to testify or give a statement...you should have a case.

Carl

I think a good lawyer could win the case for you. Parking a car in the road with fog is not a good idea. That was nuts.

remowlms

Actually, yes. Check your state law as most say that it is illegal to stop in the travel portion of a roadway (yes, there are conditions attached, but if you just stop to talk - it is illegal). If you have witnesses saying that the vehicle was stopped for a time before the accident (not that he stopped just as the accident occurred) then she should be able to get the ticket for following too closely dismissed.

.?J?s???. *???lli??*

VERY POSSIBLE, you just might have a case. Depends on your state or country but I'm pretty sure parking in the middle of the highway is illegal and the fact that people had let the driver know is another good fact. You have to make sure you can get these people in a court room as witnesses first though. You cant follow too close on when parked. I seriously suggest talking with a lawyer because if everything is just right your sister will be off and will be able to sue the driver for negligence or something like this. I'm just a law student but from my understanding this is how it works.

Catherine

She definitely has a case. i fyou still have the names of the people who saw it happen and told the man to move his car, you should definitely take the case up with a lawyer. I think you have a very good chance of winning.

know it all

I would ask my lawyer if I were you. I know if you hit someone in the rear it automatically considered your fault, even if they slam the brakes on unexpectedly and you hit them! But in this case, if he was parked in the road just talking to someone, he was negligent and caused her to wreck. Luckily she was unhurt? I would definitley look into it especially if she has witnesses that place him as stopped dead in the middle of the road. Good luck.

pinky

Hmm, he was stopped in the road and it was so foggy and smokey that she couldn't see him? or was she not looking?
I'd let it go and tell her not to drive when she can't see.

Tjj9000

I don't think so, they will argue that she should have been paying attention to what was ahead of her... the only way she might not get hit to hard if the bystanders say that the car was parked, and if the car did not have the flashers on....if he had flashers on then she is toast.

silvertipfan2003

no she hit him, she is screwed
plus if he was parked and she hit him, thats bad driving...sorry dude

CGIV76

First of all, she is the striking vehicle. You have two scenarios. One vehicle was parked on the roadway, which was dangerous, illegal, and would constitute, obstruction of traffic. A driver must control their vehicle at all times. If your sister couldn't see where she was going, she should have pulled over, and stopped. Good thing the stopped vehicle wasn't a gasoline truck. The insurance company is going to have fun with this one. Both operators were at fault.

fairly smart

Sorry, but you still have to be in complete control of your car.
They may not be able to give her a 'following to closely' ticket, but they can give her careless driving or something close. If she can line up all those people who saw it in court, she may get a lesser charge or at least knocked down a bit.

Your account is suspended

I agree with you the old man should have known better, but the law says that you have to maintain an assured clear distance in order to be able to stop in any event.
The other guy is an idiot, but in my experience that won't matter.

matty_mo1

yes. she has a case. how can you "follow" a car that isnt moving?

Eat Funyuns.

Wisdom

It's her fault no matter what. Failure to control vehicle.

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