Marsalisi Law
Determining Fault After a Crash with a Vehicle on the Shoulder

When a car is on the shoulder of a highway or road, it can be difficult to move out of the way or change lanes.  In some cases, you may end up hitting the car and injuring yourself.  If the other vehicle was not off to the side enough or merging back onto the road, they might be responsible for your damages and injuries.  When another person puts themselves and others in dangerous situations, they can inflict life-threatening harm that may change your life forever.

A major concern for those in this situation is determining who is at fault.  While you may have hit the vehicle, the driver of the vehicle on the shoulder can still be responsible for the accident if they were not at a safe distance away from the road.  In a case where it may be challenging to prove who is legally responsible for the crash, it is essential to contact a car accident attorney.  Not only will they be able to conduct a thorough investigation and gather evidence, but they will also advocate for your rights.

How to Prove the Other Party’s Fault in a Shoulder of Road Accident

After an accident happens, one of the most critical actions to take is collecting evidence.  Proving fault can be difficult when it comes to shoulder of road accidents.  You should call the police for assistance and documentation of the accident in a report after an accident occurs.  Additionally, it would be best if you proactively collected certain pieces of evidence at the scene that may help with your accident claim:

  • Photographs: Pictures are worth a thousand words.  If you can take pictures of your vehicle, the damage inflicted to both cars, and the positions of each car, your car accident lawyer will have the opportunity to discuss the position of your cars and areas of impact as evidence;
  • Videos: While pictures can offer detailed close-up images of the accident, a video can give clues you may not be aware of at the time.  Videos will offer a more comprehensive perception of the crash and can help your car accident lawyer piece together what occurred during the accident;
  • Dashcams: If you have a dashcam that caught how the accident occurred, you could have a significant amount of evidence showing the other person at fault.  A dashcam can save you both time and money if the facts of the accident are disputed;
  • Police Report: After an accident, you should call 911 for assistance.  This is important for immediate medical assistance and having an investigative agency called to the scene.  When the investigating officer arrives, they will complete a police report.  Police reports collect unbiased information and can be used to help determine liability in some cases.  

Evidence plays a significant role in proving fault in an accident. Having someone familiar with the legal process will assist you in proving the other person’s fault in the crash.  With the help of an experienced car accident attorney at your side, you will feel confident and prepared to bring forth important information.

Is It Necessary to Contact a Car Accident Lawyer?

With complex legal terminology and processes, proving the other person’s fault in an accident is extremely difficult, especially if the other person has a lawyer.  You need someone who understands the ins and outs of filing a car accident claim and who can provide you with reliable and honest advice.  A few of the many ways a car accident attorney can assist in your claim are:

  • Answering questions related to the case;
  • Negotiating settlement offers;
  • Reviewing legal documents;
  • Conducting a thorough investigation;
  • Establishing the other individual’s fault;
  • Helping guide you through the medical process;
  • Discussing claims with insurance companies; and
  • Analyzing potential legal issues.

Having a dependable legal representative by your side to advocate and fight on your behalf is vital in your car accident claim.

Contact an Attorney at Marsalisi Law If You Have Been in a Shoulder of Road Accident

After an accident with a vehicle on the shoulder of the road, you may feel frustrated and overwhelmed.  Gathering evidence and figuring out the proper steps is stressful, but a Marsalisi Law car accident attorney can help you smoothly navigate the situation.  With years of experience assisting the community as a bilingual English and Spanish speaker, Frank P. Marsalisi dedicates his practice to offering accessible and dependable legal representation.

Call (727) 800-5052 or complete our contact form for a free consultation.

Marsalisi Law is Where Law Gets Personal!