My friend and I were heading to work for 3rd shift, and we were going over a hill on a city roadway. I noticed a gentleman walking in the left lane of our lane the opposite way. As soon as we went over the hill,
A truck was parked sideways in the middle of the road, with no emergency lights on or anything.
Nobody was in the car. I hit it, and totalled my car. It was icy that night, and he said he skidded out. I had to go to the emergency room and suffered a concussion along with whiplash.
I was rushed via ambulance. He told the officer that he had been smoking marijuana a few hours earlier. Am I at fault for hitting him? Can I sue him in court?
Well, the Marijuana confession is damaging… just a little.
The critical question is for how long was the vehicle in the middle of the road. If he lost control a couple of seconds before, then you may be liable. If he left the vehicle there for a long time (say 30 minutes), then he is liable.
Either way, you can sue him in court (note, you always can). Consult with an attorney. Sounds like your injuries may be worth more than the normal accident.