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[quote user="zugmann"] Let me ask you something, Bucyrus.  Let's say you are driving and get a flat tire along a road with no decent shoulder.  So you stop as far off the road as you can, but are still fouling the travel lane.  You even put your  4-ways on.  I come up behind you at 55 mph (posted speed limit) and plow right into you.  You only had 2 little lights blinking back there.  No advanced warning.  This is a 55 mph road.  So, who is at fault? Bottom line is that one is supposed to have control of his vehicle at all times.  If there is a situation where you may have to slow down, then you slow down.  Like restricted speed.  On steroids.  That railroad crossing didn't just jump out in front of the driver. We had gates and an advanced warning sign.  Now, we need ANOTHER advanced warning sign.  Oh, and throw some lights on it too.  Lights are pretty.  Better have two sets of flashing lights.  Someone may miss the first ones. <div style="clear:both;"></div> [/quote]  <o:p></o:p> I don’t think your example is as clear-cut as you seem to believe.  Yes, a driver is supposed to have their car under control to be able to stop short of obstructions.  But if they can’t see the obstruction, or if it is difficult to see it, they may not necessarily be at fault for hitting it.  In your example, I would not change the tire or even wait in the car if it was not well off the travel lane.  And if you came along and ran into my car, I don’t believe it would necessarily be 100% your fault.   <o:p></o:p> But I am only going by some stories that I have heard.  So I really don’t have an answer to your question.  What if I did not have any flashers or lights on and you hit me?  Would that mean that you did not have your car under control because you were over-driving your headlights?  Or would it be partly my fault for not having any warning lights on?  <o:p></o:p> Now let me ask you something.  Suppose you are driving a commercial truck and you get a flat tire.  You pull completely off of the travel lane and well onto the shoulder, and turn on your emergency flashers.  Then a cop comes along and gives you a ticket because you don’t have the proper array of flagging triangles set up behind your truck.  Why should you be required to set up flagging equipment?  Isn’t the responsibility resting completely on the other drivers to have their vehicles under control and not run into you?  You are off the travel lane, and your flashers are visible.  What is the point of flagging equipment?
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