Legal Question in Traffic Law in New Mexico
Driving into the median on divided highway
When driving on a divided highway and traffic stops in front of you blocking both lanes. At the time you do not know why traffic has stopped, accident, blowing dust, road work, etc. Are you obligated to drive your car into the median to avoid being hit from behind? If you are rear ended is it then your fault for not driving into the median?
1 Answer from Attorneys
Re: Driving into the median on divided highway
Each driver must maintain a sure and clear distance from the vehicle ahead under all conditions. Under emergency conditions which you describe the driver of the stopped vehicle has only the obligation to take such actions as are reasonable under the circumstances to warn approaching traffic that he is stalled, and only if there is sufficient time. Turning on the emergency blinkers could be one such action.
Otherwise, the approaching driver has the obligation of keeping a sharp lookout in the roadway ahead to determine whether or not it is safe to proceed.
Seldom does the driver who hits someone from behind escape liability for the wreck.
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