What to do if I slammed on my breaks to avoid hitting a vehicle that was hydroplaning on a highway?

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What to do if I slammed on my breaks to avoid hitting a vehicle that was hydroplaning on a highway?

Once I came to a stop I asked if the guy was okay. Before he could even answer I was rear-ended. The insurance company of the person who rear-ended me says that I am partially at fault for not moving my vehicle but this all happened in a matter of a few seconds and was a bit in shock.. Am I at fault for not moving? Can I hire a lawyer to fight this or do lawyers only get involved in the medical disability portion of a claim?

Asked on March 1, 2013 under Accident Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

1) You may be at fault: leaving your vehicle stopped on a rain-slick highway could be considered to be negligent, or unreasonably careless. That is not the end of the story, since if the other driver was also at fault (e.g. driving to fast for conditions), you may still be able to recover some compensation and/or avoid having to pay to the other driver, if sued. When both drivers are at fault, depending on the relative degree(s) of their fault, it may be possible to recover a pro rata share of what you would have gotten had you not been at fault at all.

2) Yes, you can retain an attorney to help with non-personal injury/medical portions of your claim.


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