FAQ:
If my truck is immobile for less than 8 hours on the shoulder of a highway, someone smeshes into me, FAULT?
My truck was broken down on a major interstate on the far shoulder, at least four feet from the line. A cop even came by and said I have 48 hours to move it. BOOM less than 8 hours later somebody slammed into my truck. Who is at fault? I was 15 miles away sleeping. I was also assured by the fine police man that it will be ok where it was. This is in Kansas City, MO on I-70. Thanks!
Answer by dallenmarket
I am writing this assuming you are referring to a commercial truck. Some won’t apply if you are referring to a pickup truck.
Make sure your company and insurance company have a complete accident report with police report and photos if possible. You were not at fault, but there have been instances where people have sued and won in court.
One case was a drunk who ran off the road, drove under a trailer and died. His family sued the trucking company because he wouldn’t have been killed if the truck hadn’t been on the shoulder. Some moron judge decided in favor of the family saying the truck should have been in good enough condition to not break down. As I said, a moron judge!
I assume that you either contacted your company about your breakdown via Qualcom or phone so that there is proof that you were broken down for an extended period prior to the accident. That way the person who ran into the truck can’t come back later saying you were in motion and caused the accident by forcing them off the road and slamming your brakes on in front of them. (I’ve seen that tried too!)
Your company (or you) might see if the officer who stopped can be located to get a statement as to the time he found you broken down and the location off the road of your vehicle.
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I think it’ll be the other driver’s fault for hitting a parked vehicle that’s off of the roadway on the shoulder. But some fault may be put on you if you didn’t have your hazard lights flashing, but I think that’ll be unlikely. Hopefully you got the other driver’s insurance info and it wasn’t a hit and run.
This is more clear-cut than you think. Even if your truck was in the roadway without hazard lights on, if a moving vehicle hits it, that driver is at fault. It may not seem fair, and the stopped vehicle can certainly be ticketed for breaking statutes, but civil liability is clear: a stopped vehicle is a stationary object and the moving vehicle is completely responsible to avoid hitting it.
Fault for traffic matters is determined by Cops and judges. We here are neither. Fault to determine who repairs your vehicle is determined by insurance companies. We here are not insurance companies either. No one here can answer your question