Accident with a truck stopped on the road side to do road work with no sign
<p>Today I had an accident with a truck stopped on the roadside for doing some road work with no signs showing that. Only the flashers were on.</p>

<p>My question is Should that truck have had. Only the hazards were on.
I live in the state of Georgia.</p>

<p>Thanks
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<p>Almost everywhere, in any circumstances, it is the <strong><em>driver's</em></strong> responsibility to operate their vehicle so as not to get in an accident.</p>

<p>When two drivers collide, responsibility can be divided among them depending on the details.</p>

<p>However, when a driver hits a stopped object (including another vehicle), it is <strong><em>always</em></strong> the driver's fault for not operating his vehicle safely.</p>

<p>It is possible the other vehicle may also receive a minor parking ticket or similar infraction for stopping on a shoulder or other invalid place.  But that citation will not do anything at all to relieve your responsibility to operate your car without hitting obstacles.</p>

<p>You say the vehicle you hit was stopped "for doing some roadwork"; I assume, therefore, it was a highway maintenance vehicle.</p>

<p><a href="https://law.justia.com/codes/georgia/2010/title-40/chapter-6/article-1/40-6-16" rel="nofollow noreferrer">Georgia's Move Over Law</a> states, in part:</p>

<blockquote>
  <p>(b) The operator of a motor vehicle approaching a stationary towing or
  recovery vehicle or a stationary highway maintenance vehicle that is
  displaying flashing yellow, amber, or red lights shall approach the
  vehicle with due caution and shall, absent any other direction by a
  peace officer, proceed as follows:</p>
  
  <p>(1) Make a lane change into a lane not adjacent to the towing,
  recovery, or highway maintenance vehicle if possible in the existing
  safety and traffic conditions; or</p>
  
  <p>(2) If a lane change under paragraph (1) of this subsection would be
  impossible, prohibited by law, or unsafe, reduce the speed of the
  motor vehicle to a reasonable and proper speed for the existing road
  and traffic conditions, which speed shall be less than the posted
  speed limit, and be prepared to stop.</p>
</blockquote>

<p>Georgia law states that you should have been prepared to stop if the highway maintenance vehicle had its lights flashing, which you indicate it did.</p>

<p>Most, if not all states, have similar "move over laws." Note that some states, such as Louisiana, define <strong>any</strong> stopped vehicle with flashing lights as an "emergency vehicle" requiring extra caution by drivers.</p>

<p>One additional note, hitting any stationary vehicle with yours will generally be considered negligence on your part and result in a citation and other consequences.</p>

georgia accident traffic