Munster, IN asked in Car Accidents for Indiana

Q: Hello,I was merging on to an expressway and hit an abandoned car that was not visible? Am I at fault.

I was merging but I also had to avoid a semi that drifted in my lane. The stretch of high way bends right and at the end of that bend there was a black abandoned vehicle with no lights on or anything to signal they were stopped. The second I go to merge and avoid the semi I hit the abandoned vehicle and flipped over. Do I have any recourse? It happened at 0400. Thank you.

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

A: An Indiana attorney could advise best, but your question remains open for two weeks. I hope you are okay. It sounds like a very serious accident with the flip-over. From a textbook standpoint nationwide, it's possible to argue that both of you bear some liability. The fact that no measures were taken to use hazards, lights, flares, or other warnings to warn motorists of a vehicle stopped in the flow of traffic works in your favor. However, each jurisdiction could apply its own doctrines as to how fault is apportioned in such settings - it isn't universal across the United States. Only a local attorney could advise how this is handled in your state. Reach out to an Indiana attorney discuss. By now, some two weeks post-accident, you probably have (or will have at the soonest) a police report from a highway safety officer if they responded. That could help in your consult with an attorney. Good luck

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