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car accident

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aksblondie

Guest
My daughter was in a car accident, it was at night a bronco was stalled in the road, with no lights, said he had the flashers on, but she did not see any, she tried to miss the bronco, but was unable to avoid him, hitting her passenger side, is he at fault for being in the road blocking traffic at night or is she at fault for not being able to avoid him, also she was not speeding, jut looked and he was sitting there.I live in Decatur, Alabama

[Edited by aksblondie on 12-30-2000 at 05:48 PM]
 


I AM ALWAYS LIABLE

Senior Member
aksblondie said:
My daughter was in a car accident, it was at night a bronco was stalled in the road, with no lights, said he had the flashers on, but she did not see any, she tried to miss the bronco, but was unable to avoid him, hitting her passenger side, is he at fault for being in the road blocking traffic at night or is she at fault for not being able to avoid him, also she was not speeding, jut looked and he was sitting there.
My response:

We'd like to assist you; however, you apparently didn't see that red writing up at the top of the page. Without your State name, or the name of the State where the problem happened, it would be difficult to assist you. Laws are different everywhere.

Thank you for your cooperation, and we look forward to you editing your post.

IAAL
 

I AM ALWAYS LIABLE

Senior Member
My further response (Thank you for editing your post to name your State)

ALABAMA Title 32 MOTOR VEHICLES AND TRAFFIC

Section 32-5A-136
Stopping, standing or parking outside of business or residence districts.
(a) Outside a business or residence district no person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the roadway when it is practicable to stop, park or so leave such vehicle off the roadway, but in every event an unobstructed width of the highway opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of such stopped vehicle shall be available from a distance of 200 feet in each direction upon such highway.
(b) This section, sections 32-5A-137 and 32-5A-138 shall not apply to the driver of any vehicle which is disabled while on the paved or main-traveled portion of a highway in such manner and to such extent that it is impossible to avoid stopping and temporarily leaving such disabled vehicle in such position. And the provisions of this section, sections 32-5A-137 and 32-5A-138 shall not apply to any vehicle nor to the driver of any vehicle engaged in the business of carrying passengers for hire and operating over a fixed route and between regular termini operating under the authority of the interstate commerce commission of the United States or under authority of the Alabama public service commission or any federal, state or municipal authority while stopped on the right-hand side of the highway to pick up or discharge passengers nor to any vehicle nor to the driver thereof engaged in the official delivery of the United States mail when stopped on the right-hand side of the highway for the purpose of picking up or delivering mail, if a clear view of the vehicle may be obtained from a distance of 300 feet in each direction upon such highway. Nothing herein shall be construed to exempt any vehicle from the provisions of section 32-5-244 and said provisions shall remain applicable to vehicles transporting the United States mail, anything in the section to the contrary notwithstanding.
(Acts 1980, No. 80-434, p. 604, §10-101.)



Section 32-5A-137
Stopping, standing or parking prohibited in specified places.
(a) Except when necessary to avoid conflict with other traffic, or in compliance with law or the directions of a police officer or official traffic-control device, no person shall:
(1) Stop, stand or park a vehicle:
a. On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
b. On a sidewalk;
c. Within an intersection;
d. On a crosswalk;
e. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;
f. Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;
g. Upon any bridge or other elevated structure, upon a highway or within a highway tunnel;
h. On any railroad tracks;
i. At any place where official signs prohibit stopping.
(2) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
a. In front of a public or private driveway;
b. Within 15 feet of a fire hydrant;
c. Within 20 feet of a crosswalk at an intersection;
d. Within 30 feet upon the approach to any flashing signal, stop sign, yield sign or traffic-control signal located at the side of a roadway;
e. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance (when properly signposted);
f. At any place where official signs prohibit standing.
(3) Park a vehicle, whether occupied or not, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers:
a. Within 50 feet of the nearest rail or a railroad crossing;
b. At any place where official signs prohibit parking.
(b) No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such a distance as is unlawful.
(Acts 1980, No. 80-434, p. 604, §10-103.)


Section 32-5A-138
Additional parking regulations.
(a) Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be so stopped or parked with the right-hand wheels parallel to and within 18 inches of the right-hand curb or edge of the roadway.
(b) Except when otherwise provided by local ordinance, every vehicle stopped or parked upon a one-way roadway shall be so stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with its right-hand wheels within 18 inches of the right-hand curb or edge of the roadway, or its left-hand wheels within 18 inches of the left-hand curb or edge of the roadway.
(c) Local authorities may by ordinance permit angle parking on any roadway, except that angle parking shall not be permitted on any federal-aid or state highway unless the highway department has determined by regulation that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.
(d) The highway department with respect to highways under its jurisdiction may place signs prohibiting or restricting the stopping, standing or parking of vehicles on any highway where in its opinion, as evidenced by regulation, such stopping, standing or parking is dangerous to those using the highway or where the stopping, standing or parking of vehicles would unduly interfere with the free movement of traffic thereon. Such signs shall be official signs and no person shall stop, stand or park any vehicle in violation of the restrictions stated on such signs.
(Acts 1980, No. 80-434, p. 604, §10-104.)
 

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