Although it may appear to be a safer place to pull over at times, the shoulder of the road is one of the most dangerous places for a driver. If you find yourself in a situation where you need to pull over on the road, it is critical to remain alert during your time on the shoulder. It should never be used for parking or transportation. Hitting the shoulder of the road is risky and can lead to an increased possibility of accidents that could make it more difficult for other drivers to navigate your vehicle.

If an accident occurs on the shoulder of a road, many factors can affect how liability is determined. At the CEO Lawyer Personal Injury Law Firm, our skilled Atlanta personal injury attorneys make it their business to represent those who have been injured by the negligence of others. Our long history of successful personal injury cases has given us a wealth of knowledge and experience — which we use to get our clients the compensation they deserve.

Call us today at (470) 323-8779 or complete our online form on our website to request a free case review with one of our injury and accident attorneys.

Causes of Shoulder Of The Road Accidents

The shoulder is used to provide space for emergency stop and road maintenance operations. Although shoulder run-off accidents are not as common as standard sideswipe or head-on collisions, they can be severe and deadly. Many drivers do not take precautionary measures when pulling over on the side of the road, leading to catastrophic accidents. The most common causes of shoulder road accidents are:

  • Vehicle overheating: When driving, it’s imperative to keep an eye on your car’s temperature gauge. If it goes up toward the red line, drivers pull over to ensure their engine is operational before continuing.
  • Brakes fail or Flat tire: These can happen due to improper maintenance of a vehicle and when it happens, drivers have little but no choice but to pull over the shoulder.
  • Unfamiliar roads: Drivers who don’t know where they’re going may find themselves on the shoulder without realizing it because they don’t know where they’re supposed to be going in the first place
  • Pulling over during an emergency is another common cause of shoulder road accidents. While this may seem like a good idea at the time, it’s actually much safer to slow down gradually and then use your turn signal well in advance of any exit or lane change.

Other reasons include car accidents, dead battery, mechanical failure (such as an alternator or starter), running out of gas, driver illness or injury, distracted driving, and exhaustion or drowsiness. Any of these reasons for stopping a vehicle can be justifiable. Still, parking on the shoulder of a road is hazardous due to its increased risk of collision with other vehicles and its obstruction of the shoulder lane.

How Do I Prevent a Shoulder of The Road Accidents?

Shoulder of road accidents can be prevented by reducing driver negligence and making sure all vehicles are in good working order. Some steps that drivers can take to avoid a shoulder of the road accident include:

  •     Maintaining awareness at all times and avoiding distractions such as cell phones
  •     Inspecting tires regularly to make sure they are properly inflated
  •     Getting regular tune-ups and oil changes to prevent mechanical issues while driving
  •     Observe the speed limit and follow signs
  •     Drive at an appropriate speed to suit the conditions.
  •     Be aware of vulnerable road users such as pedestrians, cyclists, and motorcyclists and anticipate their movements
  •     Be aware of any blind spots when maneuvering your vehicle
  •     Use your mirrors so that you know what is behind you
  •     Look all around before emerging from a junction – across the pavement and over the brow of hills if necessary

Establishing the Liability in a Shoulder of the Road Accidents in Atlanta

Georgia has laws that dictate what drivers can and cannot do when pulling onto the shoulder of the road. Whether you are the driver who hit the other vehicle or the driver who was hit, it is crucial to understand how fault is determined in a shoulder of the road accident.

  •     If the other driver was driving recklessly or disregarding others on the road.
  •     Whether there were any mechanical failures with any vehicles involved in the accident.
  •     If any of the drivers were distracted while operating their vehicles.
  •     Whether any of the drivers were intoxicated or under the influence of drugs while driving.
  •     The weather conditions at the time of the accident and whether they contributed to it.
  •     Any hazards on or near the shoulder of the road before and at the time of the accident contributed to it.

In almost all shoulder the road accidents in Atlanta, the injured party will be able to pursue compensation from the negligent driver. For a monetary claim to take place, however, it must be proven that the driver at fault had a duty of care to the other party and breached that duty. Even if a driver properly drives on the right side of the road in their own lane, they can still be found liable for accidents involving those legally driving on road shoulders.

Speak with Experienced Shoulder of the Road Accident Attorneys in Atlanta

Many accidents happen when a driver pulls onto the shoulder of the road and remains in the lane. Failure to properly pull over can increase the likelihood of an accident occurring as oncoming traffic may mistake your vehicle for a vehicle traveling in another lane.

At the CEO Lawyer Personal Injury Law Firm, we dedicate our practice to fighting for the rights of those injured by someone else’s negligence. We understand that you may be overwhelmed, confused, or afraid after an accident. That is why we want to help you fully understand your legal options to make the best decisions for you and your loved ones. Our attorneys are committed to seeing you through the legal process as we help you find justice and recover the compensation you need to begin recovering from your injuries.

We have successfully helped clients recover millions of dollars for their injuries and losses. Call us today at (470) 323-8779 or complete this online form and let us provide you with a free case consultation.

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Frequently Asked Questions

Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!

What Is My Personal Injury Case Worth?

The value of your case depends on several factors, including the severity of your injuries, medical expenses, lost wages, and the impact on your life. Each personal injury case is unique, and the combination of these factors varies from one case to another. An experienced personal injury lawyer can provide you with a more precise estimate of your case’s value by reviewing the specific details of your situation. They will analyze similar cases in your jurisdiction, consider the legal precedents, and use their knowledge of past settlements and verdicts to gauge a realistic potential outcome for your case. This estimate helps you understand what you might expect regarding compensation and guides the negotiation or litigation process to ensure you receive a fair settlement.

What Should I Do Immediately After an Accident?

After an accident, seek medical attention immediately, even if you feel fine, to address any hidden injuries. Document everything, including photos of the scene and contact information for witnesses. Gathering witness statements is crucial because they provide an objective account of the accident, supporting your version of events and strengthening your personal injury claim. Report the incident to the proper authorities, such as the police or property owner. Finally, contact a personal injury lawyer as soon as possible to discuss your legal options and protect your rights, ensuring you receive fair compensation for your injuries.

How Much Will a Personal Injury Lawyer Cost?

Most personal injury lawyers operate on a contingency fee basis, which means that you don’t have to pay any upfront fees or hourly rates. Instead, the lawyer’s payment is contingent upon the outcome of your case. If you win your case, whether through a settlement or a court judgment, the lawyer will receive a percentage of the compensation awarded to you. If you don't win your case, you usually won’t owe the lawyer any fees for their services.

How Long Will It Take to Resolve My Personal Injury Case?

The timeline for resolving a personal injury case can vary significantly based on a variety of factors, making it difficult to predict exactly how long your case will take. The complexity of the case is a major determining factor. For instance, straightforward cases with clear liability and minimal disputes over damages can sometimes be resolved relatively quickly, often within a few months. These cases may involve negotiating a fair settlement with the insurance company, which can happen promptly if all parties are cooperative and the evidence is strong.