Struck by a Passing Vehicle After Pulling Over in West Palm Beach: Can I Sue?

Drivers pull over for numerous reasons in West Palm Beach. Some encounter mechanical issues that force them to get off the road. Others pull over due to a sense of responsibility – perhaps to answer an important call or address a potential distraction. If you were struck by a passing vehicle after pulling over, you might be wondering who is to blame. More importantly, you might be wondering how to get compensation for your auto crash in West Palm Beach.

Did You Pull Over in a Safe Location? 

First, ask yourself whether you stopped in a safe, legal location. Unless you’re experiencing mechanical issues, you should attempt to choose the safest location possible when pulling over. Do not pull over in a “no-stopping zone.” Try not to block lanes of traffic – including bike lanes. If at all possible, it makes sense to park legally and move right to the edge of the curb. Although these steps can make pulling over more tedious, they help prevent collisions.

Pulling over on a highway is slightly different. Florida traffic laws state that you must choose a roadside shoulder if possible. Pull as far into the shoulder as possible. Traffic laws also state that you cannot park further than one foot away from the right-side curb.

If you encounter mechanical failure or some kind of emergency, it may be impossible to follow some or all of these steps. Sudden engine failure may leave you stationary in the middle of the road. In this situation, engage your hazard lights and call emergency services for help. Most traffic authorities recommend that you stay inside your vehicle and keep your seatbelt on.

Florida’s “Move Over” Law

You should know that Florida has specific traffic laws that protect you if you pull over. As long as you pull over to the side of the road and activate your hazard lights, passing drivers have a legal duty to avoid you. Specifically, they must move over into the far lane – giving you as much space as possible. This would theoretically allow you to get out of your vehicle and inspect any mechanical issues without worrying about potential impacts. It also means that failing to move over constitutes negligence.

You May Have No Choice but to Pull Over 

Drivers may be forced to pull over by various emergency vehicles. You must pull over to the side of the road when an ambulance or fire truck passes with their lights and sirens engaged. In addition, you must pull over during a traffic stop initiated by the police. If you were struck by a negligent motorist while complying with these traffic rules, you are likely not at fault.

Review Your Options for Compensation With Smith, Ball, Báez & Prather 

Each crash in West Palm Beach is slightly different. If you’re wondering whether you’re eligible for compensation, internet research only provides a few basic answers. For a more personalized approach, it makes sense to work with an injury lawyer. Choose the West Palm Beach personal injury lawyers at Smith, Ball, Báez & Prather today – and discuss your legal options in more detail during a consultation.

Sources: 

flhsmv.gov/safety-center/driving-safety/move-over/

stateofflorida.com/defensive-driving/#:~:text=If%20there%20is%20a%20roadside,sure%20your%20vehicle%20cannot%20move