Legal Guide

Involved in a Car Accident Caused by a Traffic Obstruction: Who Is Held Responsible?

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The road is intended for moving vehicles. But there is no guarantee that every vehicle that gets on the road will have a smooth sail to its destination. In other words, it is not unusual for a vehicle to stall or get involved in an accident, causing an obstruction.

Obstructions on a busy road have a high chance of causing an accident and should be cleared the fastest possible. If an obstructing vehicle causes an accident that results in you suffering injuries, you may be wondering who bears responsibility for the accident. Keep reading as we shed light on liability and what you should expect.

Understanding Obstruction

Obstruction occurs when the normal traffic flow is hindered          , making it difficult for motorists to use the road without an incident. Below are some common forms of obstruction:

  • A vehicle that is parked or stops on the lane of traffic
  • A car traveling at a speed too low than the posted speed limit
  • A vehicle that enters an intersection at the wrong time and stops in an intersection
  • Double parked vehicles that obstruct part of a road lane
  • A car that breakdown and stops in the middle of the road

All forms of obstruction have the potential of resulting in an accident which can have devastating injuries for the parties involved. If you suffer injuries in an obstruction-related accident in Florida, you may want to talk to an injury attorney.

But not every lawyer is suited to handle an injury claim. So, you will need to be careful to establish that the lawyer is affiliated with a reputable firm like Fernandez Firm or any other firm within your area.

Who Is Liable?

Under normal circumstances, the driver who causes the obstruction will be liable for the accident. However, some obstruction-related crashes could result in a shared liability.

A good example is if a vehicle obstructing the roadway is hit by another vehicle traveling at speed higher than the posted limit. In such a case, the speeding driver may also bear some liability in the accident.

If first responders are at the scene of an accident that has caused an obstruction, oncoming drivers must move over a lane and slow down. If a driver violates move-over laws and causes an accident, the driver that obstructed the first place may not be liable for the accident. Liability under such circumstances will be on the driver that violated move-over laws.

Getting Compensation for Your Damages

Victims of injuries suffered in an obstruction-related accident have a right to sue the obstructing driver for damages suffered. While navigating a personal injury claim, you need to be careful to ensure you recover what your injuries deserve. The best approach to filing a claim is to involve a lawyer from the very beginning.

Upon filing an injury claim, it has to go through several stages before you can recover your damage which means you may need to be patient. While the wait may be long, considering the financial strain a victim of an accident could be in, it is worth every bit of it. The other party's insurer may try to offer you a bad deal that may look enticing based on the circumstances. The best idea is not to take any offer unless your lawyer tells you to.

Fair compensation for injuries sustained in an accident must adequately cover all the damages resulting from the accidents. These often include economic damages such as medical bills, non-economic damages like pain and suffering, and punitive damages paid to the claimant and are intended to punish the offending driver for gross negligence.

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