Legal Question in Personal Injury in Massachusetts

tractor trailer parked in breakdown lane to get coffe

My son was traveling in the left lane when he saw a car approach him from behind at a high rate of speed. My son tried to pull over to the right lane, when he was sideswiped by the car and was pushed into the breakdown lane where a tractor trailer was parked with his lights on, but was not broken down... he was in McDonalds having coffee!! My son crashed into the tractor trailer. My question is: can the tractor trailer driver be at fault ? If the tractor trailer wasnt parked there.. my son never would have ran into it!

Asked on 6/22/07, 8:21 pm

3 Answers from Attorneys

Christopher Earley Law Office of Christopher Earley

Re: tractor trailer parked in breakdown lane to get coffe

From what I can gather from what you provided, the responsible party is the vehicle that came from up from behind in the left lane. Was the tractor on the road or in the parking lot?

I would be happy to answer any other questions you may have.

Chris Earley

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Answered on 6/22/07, 8:30 pm
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: tractor trailer parked in breakdown lane to get coffe

The guy from behind who forced your son into the left lane was likely the one who set the chain of events in motion, but I think the truck driver, and his employer, might also have been negligent if, as you appear to suggest, he left the truck in the breakdown lane but he was not broken down, he was just getting a coffee. Its forseeable to the driver who decides to park in the breakdown lane that cars out of control or forced off the road, or trying to avoid a squirrel, etc, might hit the truck parked there. That's what the McDonald's parking lot was for, and they probably had designated parking areas for trucks.

More information is necessary to tell for sure, and to better assess the extent of the possible claims. I would encourage you to at least do that. There is likely insurance available.

I would be pleased to explore it further with you. I hope your son was okay; sounds like a pretty nasty crash...

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Answered on 6/23/07, 12:42 am
David Summer Law Office of David B. Summer

Re: tractor trailer parked in breakdown lane to get coffe

It is quite possible that a case may be may that both parties (the other driver and the truck driver) breached the standard of care and are negligent. A more detailed review of the facts must be conducted before proceeding further. Please contact me with any questions.

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Answered on 6/25/07, 9:09 am

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