Michael Damaso / 07-21-2022 / Auto Accidents

Determining Who Is Liable in a Crash With a Broken-Down Car

Many Florida drivers are familiar with car accidents between two or more drivers where one behaved recklessly or negligently and caused a crash. While determining liability can still be challenging after a standard car accident, it can be even more so in a crash with a broken-down car. Depending on the circumstances surrounding the accident, either the driver of the moving vehicle or the owner of the broken-down car may be at fault. 

If you have been injured in an accident with a broken-down car, an experienced attorney may be able to help you establish liability and recover monetary compensation for your injuries. At Wooten, Kimbrough, Damaso, & Dennis, our team is passionate about protecting the rights and interests of car accident victims. We have over 100 years of combined experience and a proven track record of successfully recovering the maximum amount of compensation available for our clients.  


Who Can Be Held Liable in an Accident with a Broken-Down Car?

In an accident involving a broken-down car, the driver or owner of the inoperable vehicle may be held liable depending on the steps each individual took to avoid a crash. When a car breaks down on the road, the owner must move the vehicle away from traffic to the shoulder. If the owner cannot safely move their car to the shoulder, they must utilize their hazard lights or hand signals to indicate to others that the car is stopped. If they fail to take these precautions and their vehicle is hit, they may be held liable for the accident. 

On the other hand, drivers of moving vehicles have a duty to be aware of their surroundings at all times. If a driver is distracted and fails to avoid a stopped vehicle, they may be at fault for the accident. In many cases, accidents with a broken-down vehicle are often caused by negligence on both sides. The issue of liability may be further complicated if the weather and visibility was poor at the time of the accident. However, if you were partially responsible for the accident, you may still recover damages comparable to your percentage of fault under Florida’s comparative negligence rule. An experienced car accident attorney can review every detail of your case to determine liability and the damages you may be owed for your losses. 


Understanding Florida’s Move Over Law

If police officers or other emergency services have responded to the accident and are stopped in the road or shoulder, drivers are legally required to move over one lane for everyone’s safety. If you cannot safely move over due to traffic or because you are on a two-lane road, you must slow your vehicle to 20 mph or less. Drivers who fail to abide by Florida’s move over law may be held liable for hitting a broken-down vehicle. If you are unsure if the move over law applies to your situation, a highly-qualified car accident attorney can investigate your case and advise you on your best path forward. 


Contact an Experienced Car Accident Attorney at Wooten, Kimbrough, Damaso, & Dennis

If you were injured in an accident with a broken-down vehicle, the skilled attorneys at Wooten Kimbrough, Damaso, & Dennis may be able to help you establish liability and hold the negligent party accountable for the losses you have suffered. Our attorneys provide a personalized approach to every case to help address each of our client’s unique needs. When you choose us, you can have peace of mind that your case is in the capable hands of a seasoned legal professional. To schedule a free consultation, call us today at (407) 843-7060 or fill out our online contact form

Disclaimer: All verdicts and settlements listed here are gross amounts before deductions for attorney fees and costs. Past results do not guarantee similar results in the future. Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result. Before choosing a lawyer, ask for written information about the lawyer's legal qualifications and experience.