Wesley Chapel, FL asked in Car Accidents for Florida

Q: If someone has something sticking out of their parked truck into the road and I hit it, who is at fault?

The steal beam was run out the back pass-through window, out the back of the truck and 2 ft into the road from his driveway. There was a small red flag secured to it via surran wrap. The truck was unattended and it was dark outside. I did not see it and I hit it with my golf cart. The back window of the truck was broken in the collision and the owner is demanding I pay to replace it.

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: Get your insurance company to hire an attorney to represent you. Let the insurance companies litigate it.

Charles M.  Baron
Charles M. Baron
  • Personal Injury Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: The issue here is whether you SHOULD have seen it. If most people would not see it, and you were driving in a normal, safe, and legal manner, then the accident would be the other party's fault because it would be foreseeable to the other party that he/she was creating a hazard during the dark hours.

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