Driving & Driving Test Tips: TRAFFIC, chevy el camino, slamed


Question
YESTERDAY I WAS ON MY WAY TO WORK WHEN MY 1982 CHEVY EL CAMINO STALED IN THE CENTER LAIN I TRIDE TO TURN IN ON A COUPLE OF TIMES BUT IT WOULD NOT TURN OVER. I CALLED 911 AT ABOUT 5:50 AM. I TOLD THE OPERATER THAT I WAS STALED IN THE MIDDLE LANE AND MORE THEN 1 CAR HADE ALMOST HIT ME, AFTER SITTING IN THE CAR FOR ABOUT 5 MINETS WITH THE HAZARD ON I GOT 2 SCARED TO SAY SO I JUMPED OUT AND RAN TO THE SHOLDER I CALLED 911 AGAIN TO LET THEM KNOW THAT SEVERAL CARS WERE BEARLY MISSING MY CAR. AT 6:10 AM I CAR SLAMED INTO ME AT ABOUT 65MPH, WHOS FALT IS IT?

Answer
in civil cases there is no 100%, usually, found at fault, it is usually a percentage at fault.  clearly the other driver will be found at fault for driving too fast for conditions, but there may be fault found against you, in that, why didn't you attempt to pull off the road when your vehicle stalled or atempt to set up flares or safety devices to warn other driver's of the hazard.  

in this case i think the other driver will have a higher amount of liability but yours may also be fairly high.  if you both have insurance i think the companies will probably go 50/50, as long as there weren't any bad injuries.