However, in most cases, the driver who hit the disabled vehicle is typically considered at fault, as they had a duty to exercise reasonable care and attention while driving. They should have been aware of the potential hazard posed by the disabled vehicle and taken steps to avoid it.
Here are some factors that could impact fault determination in such accidents:
1. Visibility and Lighting: If the disabled vehicle was parked in a poorly lit area or without adequate warning lights or reflectors, the owner may be held liable for not making it sufficiently visible to other drivers.
2. Location: If the disabled vehicle was parked in an illegal or unsafe location, such as in the middle of the traffic lane, the owner could be considered negligent.
3. Duration: If the vehicle had been disabled for an extended period without being properly marked or removed, the owner might be held liable for failing to take reasonable steps to address the hazard.
4. Emergency Signal Use: If the owner did not use hazard lights or warning signals to indicate the vehicle's disabled status, they may be found partially responsible for the accident.
5. Driver Negligence: If the other driver was negligent, such as speeding or failing to maintain a proper lookout, they may still be held liable for the collision, even if the owner of the disabled vehicle contributed to the risk of the accident.
6. Comparative Negligence: In some jurisdictions, the concept of comparative negligence may apply. This means that if both parties are found to have contributed to the accident, their respective levels of fault are compared, and damages are apportioned accordingly.
It is essential to consult with legal professionals familiar with the specific laws and regulations in your jurisdiction to determine liability in such cases.
