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Phone: (404) 474-0804
Jason R. Schultz P.C

Q:
Who is at fault for the car accident if my car stalled in the middle of the road and another car hit me from behind in Clayton County, Georgia?

A:

If your car stalled in the middle of the road and another car hit you from behind, the driver who hit you is found typically at fault. This is because of the “assured clear distance ahead” rule, which states that you must keep a certain amount of distance between your vehicle and anything in front of you so that you can be  able to brake suddenly without hitting anything. If this can be proven in your accident, it’s best to get in touch with a Clayton County injury attorney to discuss your legal options. 

You must also be traveling at a speed where if you need to stop suddenly, you can do so safely without causing a car accident; however, depending on the state you live in, different rules may apply. You may be found partially at fault because your stalled vehicle created a road hazard. Although the rule of thumb is that you must keep a safe distance between you and the car in front of you, the other driver can try to prove that they acted reasonably under the circumstances and had no choice but to rear end you. 

If the stall happened suddenly in traffic, was caused by inexperienced driving and no warning signals were used, the other driver may have a solid case to prove that you were the one at fault for the car accident. 

If your car stalled in the middle of the road and caused a car accident, you need a Clayton County injury attorney on your side.An injury attorney can review the details surrounding your accident claim and review police reports to determine who is at fault. Rated one of the top trial lawyers in Georgia, Jason R. Schultz has the experience to win your case. Contact him today at 404-474-0804.

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