Q: My fiance hit an illegally parked/disabled vehicle which was not marked in any way as disabled. Is it 100% his fault?
My fiance was traveling down a busy 4 lane (2 each way) street. He rear-ended a disabled vehicle which was illegally parked on the street, fully blocking the right lane. The vehicle didn't display any hazard lights, flares, red flags, etc, despite having been in that location for 5 hours. Is this accident 100% his fault, even though the other person failed to follow the law and didn't display any hazard sign saying his vehicle was disabled?
A:
The insurance companies will sort out who is at fault. Maryland is a contributory negligence state which means that if both parties are at fault, neither party can recover from the other.
Based upon your description of the facts, there is no question that your fiance was negligent. The issue is whether the other car was negligent for failing to put its hazards on and for stopping in the traveled roadway.
If your fiance has collision coverage, he should make a claim against his own insurance company. He should tell his insurance company what happened and encourage them to deny the claim of the other driver. Having said that, do not be surprised if they pay the claim.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
