New Orleans City Council
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Louisiana Supreme Court

Shoulder of Road Accidents

We have all been in a situation, emergency or not, that causes us to pull to the side of the road. Typically, the driver’s initial thought is to deal with the issue he pulled over for and not about whether an accident can occur. However, the shoulder of a road is an extremely unsafe place to stop your vehicle. This is especially true if you are pulling on to the side of a busy highway. Vehicles that are stopped or parked on the side of the road produce a high risk of a roadside collision.

The most common reasons that drivers pull to the side of the road include:

  • Tire blowout/ changing a flat tire
  • Mechanical issues with the vehicle
  • Needing to make a phone call
  • Stopping to look for directions
  • Inclement weather
  • Running out of gasoline

Louisiana Revised Statute § 32:296 states that no vehicle should be stopped, parked, or left on the shoulder of the highway except in the case of an emergency to keep out of harm’s way. Once that emergency ends, the vehicle should be removed from the shoulder of the road within twenty-four hours of being left. Even with these laws in place, we still see cars pulled over or parked on the side of the road every day. Sometimes, these vehicles remain on the shoulder for days or weeks.

Roadside crashes may be caused by a driver’s failure to fully remove his car from the driving lane. Or, perhaps, bad weather, curvy roads, foggy skies, or a dark night make passing vehicles unable to see the stopped vehicle on the shoulder. Worst of all, a driver may be driving distracted or drunk and crash into another vehicle parked on the side of the road.

If it is necessary that you pull on to the side of the road, please do so carefully. Be sure to get your vehicle completely off the roadway if possible. Most importantly, make sure to turn on your hazard lights and ensure you are visible to any vehicles that may be approaching. If it is not an emergency, refrain from pulling on to the shoulder. And, if you must exit your car once pulling to the side of the road, get out on the side furthest from moving traffic. It is crucial that you keep yourself and others on the road safe.

In order to recover after being involved in a roadside accident, it must first be determined who is liable. To establish fault, your attorney and the court may consider how close the vehicle was to the moving lane, whether or not it was an emergency situation, any bad weather conditions, how fast the moving vehicle was going, the time of day it was and whether the stopped vehicle was visible to other drivers.

With offices in New Orleans, Baton Rouge, and Lafayette and over 40 years of experience, Mr. Cardone is committed to helping residents in all parishes of Louisiana. Cardone Law Firm’s top priority is to assist their clients in receiving the compensation they deserve through advancing money for surgical procedures, finding the best experts, and even loaning money to clients while they are out of work waiting on a settlement or judgment to be paid.

If you have lost a loved one or have been injured in a shoulder of the road accident, Phone Cardone for a free consultation today! Call us at 504-522-3333, 225-706-3920 (Baton Rouge); or email us at c@phonecardone.com.

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