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Rear-Ended a Disabled Car on the Freeway: Do I Have a Case?

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I was injured when I rear-ended a disabled car on the freeway. It didn’t have its hazard lights on. The insurance company is blaming me. Do I have a case?


If you are involved in a car accident where you rear-end a disabled car on the freeway, it can be challenging to determine who is at fault. Insurance adjusters often refuse to accept liability and may argue that you were not attentive and failed to travel at a safe speed to avoid the collision. The critical question that determines your fault in this accident is whether you could have reasonably avoided colliding with the disabled car.

Understanding Liability in Rear-End Collisions with Disabled Cars on the Freeway

This type of car accident can arise when a crash ahead of you causes a vehicle to be disabled in a lane of travel, or a vehicle stops in a lane of travel due to running out of gas or mechanical issues. The injuries resulting from a freeway collision can be severe, even deadly, due to the potential speed involved. Whether you have a viable claim against the driver of the car you ran into will depend on factors such as your speed at the moment of impact, whether the disabled vehicle had its hazard lights on, and the position of the disabled car.

Factors That Affect Your Claim's Value in a Disabled Car Accident Case

In this type of accident, comparative negligence may apply, which means that there is some fault on you and some fault on the driver of the disabled car. The value of your case may be cut in half if you are both determined to be 50% at fault. However, if you suffered major injuries, the value of your case could exceed the other driver's policy limit, and the insurance adjuster may offer you the policy limit.

Why You Need an Experienced Personal Injury Attorney After a Disabled Car Accident

The issues arising from a car accident involving a disabled vehicle can be complex. It is important to seek legal advice from an experienced personal injury attorney as soon as possible after the accident. Do not give a statement to the other driver’s insurance adjuster without consulting an attorney. At McGee, Lerer & Associates, our personal injury attorneys are available 24/7 for a free consultation.

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