Hit a car parked in right lane on highway at night with no hazard lights?

Question

I was driving to a late movie around 1am, going about 50 in a 55 (didn't know the area) and suddenly saw in front of me a car parked in the right lane of the highway with no hazard lights on.

I managed to swirl and avoid a head-on but hit them on the back left corner with my front-right. I pulled off the side, they remained there. A few seconds later a second car came behind and since they still had no hazard lights on it didn't see them and hit them also from the back, this time on their back-right side. Then a van drove by, managed to avoid hitting them but scraped his side with theirs and fled. I spoke with everyone and they said they were ok, but after the police came one of the two women in that parked car started acting really hurt and they carried her out on the stretches. No airbags went off, and all in all none of the hits were *bad* (though the parked car got hit by 3 cars total.) What am I to expect and is there a chance to appeal in court part of the responsibility?

Answer 1

It depends on if you live in a no fault state. I am in Kansas and the courts would take into consideration that they were in the middle of the road but... my insurance would still have to pay since we are a "no fault" state. It would be the responsibility of the insurance companies to arbitrate (argue) the fault.

Answer 2

If they were on the traveled portion of the roadway then they are at fault. You can not be liable for their car breaking down.

Answer 3

You didn't indicate whether you or the other cars were ticketed by the police. First of all, go to the police station in a few days, or as soon as the officer told you the police report would be available, and get the police report. Then, go to the insurance company of the guy you hit. He should be at fault because he was blocking a travel lane of the roadway, with no hazard lights. File a claim against his insurance company ASAP. If he has no insurance, take him to small claims court to get him to pay for your damages. Good luck.

Sounds like you may be the victim of a scam. This is not uncommon, I've known of it to happen before. Some poor soul decides to sit his car in a lane of traffic, in the dark, full of people. Every car that hits that car due to poor visibility is a target for a lawsuit when somebody in the car claims injury (usually more than one person has injuries)  telling the police they're injured. Perhaps you should also report the incident to the District Atty. and let them know you may have been the target of an insurance scam.

Answer 4

This is the general rule for this situation.

When parking on or along a highway or road at night:

Turn on your emergency flashers.



Never leave your headlights on when you park at night - they can blind the drivers of oncoming vehicles.

Answer 5

Oh yes id appeal that in court with ease get a good lawyer and beware even if you win the case they can still try to sue you from the insurance company but if they were parked there with no hazards the faults theres.

Answer 6

Get a good attorney your gonna need it...I smell a set up.

Answer 7

If what you say is true, then they have no case. You have witnesses who also hit the car who can testify that the car was parked in the right hand lane of a highway? I would call that gross negligence on their part, and they should be paying you for any damage to you and your car.

Answer 8

Technically, they are at fault so they should be compensation everyone for the damages.  

The stretcher part sounds like they are trying to cover up their mistake and blame it on you people.  Worst case they could claim is that you hit them, they stopped and then the other cars hit them. (i know, it's lying but people do that often).

However, I would suggest you talk to the other car accident people to file a case together and consult a lawyer on the best action since state law differs.  

Good luck and hope this helps. ^_^