Quote:
Originally Posted by Carl in Tampa
If a driver stops and gets out of car on the traveled portion of the roadway he/she has committed a traffic offense. Maybe two; if the engine was left running then that is a separate offense; obstructing the highway is the first.
As you describe it, the second car is not "following too close" because the first driver has had time to get out of the car before it is struck. I'm not sure why you think the stopped/parked car would be struck, but assuming it happened then the second driver might be charged with some offense related to inattention to driving. Otherwise, why would he/she strike a stopped car?
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Aah Carl You see why I wrote that an investigator, et al would not answer a hypothetical question. The OP does not tell us how long she was stopped only that she stopped to get out to...... And even if the car was stopped for sometime the LOE could still cite the second driver for a number of contributing factors if s/he plowed into the stopped vehicle. Clearly contributory negligence applies in most of the scenario's listed on this thread . What is still undecided is the comparative fault
(ie % of negligence) attributed to each owner/driver
Personal Best Regards: