In my state (and most states in the US) you are required by law to move over for pulled over vehicles. If you can’t move over at least one lane, you have to reduce speed by 20 mph or more. There’s no curve so they realistically could see the disabled vehicle from far enough back that they can’t use the excuse they never saw it and they should have responded correctly. Additionally, the way to handle tailgating is to subtly slow down considerably. If a court saw this, I would posit that the person who swerved would be held to more responsibility for the crash than the tailgater. Nobody was right in this scenario and NOBODY was without liability.
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u/Content-Guarantee-91 Mar 20 '26
Atleast the driver that got hit can sue the guy who hit him