Moving traffic has a duty to not drive in a reckless, distracted or negligent manner. However, drivers of disabled vehicles may share some fault if they did not take proper precautions.
Shoulder of the road crashes can be complicated, especially if the at-fault driver fails to stop. If the driver is later located and identified, you may have a claim against his or her insurance. However, if the driver flees the scene, it can be harder to seek compensation for your injuries.
If police cannot find the hit-and-run driver, you will likely have to make a claim using your uninsured motorist coverage. Unfortunately, in this situation, if you did not purchase this optional coverage, you may not have a claim.
At-fault parties for a crash with a vehicle on the shoulder may include:
Distracted drivers who do not see an emergency vehicle, NDOT or disabled vehicle pulled over
Drunk or other impaired drivers
Pedestrians on a road shoulder who may share some fault if they did not pay attention to traffic or safety
Drivers who pull over in an emergency may also be partly liable if they failed to look for traffic while pulling over