Legal Question in Traffic Law in Delaware

Re: stoping on freeway

Hello. I am sorry that hear that you had an accident.

As with any travel on the roadways, one cannot just stop in the flow of traffic (there is a violation of obstruction of traffic), however, of course if there is a reason to stop, one must do so.

Here, it sounds to me that the car that stopped (to avoid hitting something, such as an animal in the roadway) was legally stopped or slowed, and the truck then stopped or slowed to avoid hitting the car. According to your facts, the truck was justifiably stopped on the roadway, and I do not think that he could have done anything else but stop on the road (or else he would have hit the car). You, coming upon the truck, then had the duty to stop wihtout hitting it.

I hope this answer helps you.