Road Shoulder Car Accidents
Motor Vehicle Collision Lawyers Serving the Greater Memphis Area
There are many types of people who end up on the shoulder of a road at any given time – drivers who pull over due to mechanical issues, drivers who pull over after a car wreck, people stopped by police, and even pedestrians and bicyclists. While the shoulder of the road seems like a safe place to pull over, it can cause a situation that ends up quite dangerous. If you have been hurt in a car accident on the shoulder or side of the road, call our Memphis car accident attorneys today. Nahon, Saharovich & Trotz, with 33 lawyers, is the largest plaintiff’s personal injury law firm based in Tennessee.
Causes of Road Shoulder Car Accidents
Not paying attention is the easiest way to hit a car or person standing on the side of the road. If a car is stalled due to a mechanical defect or flat tire, the driver may be walking around as he or she calls for help. A mechanic or tow truck may come to the scene, which only adds to the number of people who could get hit. If you are pulled over and it is dark outside, another driver may fail to perceive your vehicle and crash into it as a result. Drivers may not notice a parked vehicle if they are too busy texting or talking on their phone when the wreck occurs. Those are both forms of distracted driving.
Many road shoulder accidents occur during inclement weather. Changes in weather may require drivers to make necessary adjustments to their driving. For instance, thick fog or heavy rain may make it more difficult for a driver to see a vehicle stopped on the side of the road or a person walking along the shoulder. If roads are icy, drivers should reduce their speed accordingly. Otherwise, they may not have enough time to come to a complete stop before crashing into a stopped vehicle.
Pursuing Compensation After Being Injured in a Road Shoulder Car Accident
Nearly all accidents on the shoulder of the road are just that – accidents. Thus, to recover damages for bodily injuries, you must be able to establish the other driver’s negligence. In Tennessee, this can be accomplished by proving that the defendant owed you a duty to drive safely, breached that duty, collided with you, and caused your damages.
While liability is often clear when a moving car strikes a parked car, a defendant could assert comparative fault, depending on the situation. A driver could claim that you stopped suddenly, or that you did not pull over far enough. If the collision occurred at night, and you did not turn on your hazard lights, a driver could argue that you did not take necessary steps to alert him or her that your car was parked there. A seasoned car accident attorney in Memphis will be able to draw from past experience to anticipate allegations of comparative negligence and protect your interests accordingly.
Similar to liability, the plaintiff bears the burden of proving damages, according to Tennessee law. The means the plaintiff will need to present sufficient evidence to demonstrate the extent of injuries and that they were caused by the defendant’s negligence. Damages recoverable after a road shoulder car accident include medical bills, lost wages, and other direct out of pocket expenses incurred. Non-economic damages may be obtained as well, such as pain and suffering and loss of enjoyment of life. Those losses are more subjective in nature.
Let Our Car Wreck Attorneys Help You Today
Before talking to any insurance adjuster, you should consult with a Memphis lawyer of your own following a road shoulder car accident. Even your own insurance company may have interests adverse to yours, especially if you are filing an uninsured motorist claim. At Nahon, Saharovich & Trotz, we represent clients throughout the South in Tennessee, Arkansas, Mississippi, Kentucky, and Missouri. We provide legal representation to those in Chattanooga, Knoxville, Memphis, Nashville, Hayti, Caruthersville, Starkville, Oxford, Grenada, Tupelo, Columbus, Jackson, Meridian, Little Rock, and Jonesboro. To schedule a free consultation with a motor vehicle collision lawyer, please call 800-LAW-4004 or complete our online form. NST is the way to go.