One of the most consistent pieces of advice we’ve provided on this blog is that if you are in a car accident on the highway, you should pull over to the shoulder of the road and get off the highway as soon as possible. However, a recent fatality shows that, even when you do everything right, you can still be seriously injured by inattentive drivers. The recent fatality involved a slowdown crash alongside East Freeway near the Beltway, where a driver was struck while stopped or driving slowly due to mechanical problems. The driver was pronounced dead at the scene.

These types of accidents are known as “slowdown crashes.” Slowdown crashes occur when drivers fail to slow down when the person in front of them is stopped or traveling slowly. This usually happens due to distracted driving and an expectation that all other cars are traveling fast since they are on the highway. Slowdown crashes can also occur in part due to brakelight failure, which can make it difficult to tell when a vehicle is slowing.

Slowdown crashes are especially dangerous because of the speed difference between vehicles. A car traveling at highway speed that strikes a stopped or disabled vehicle can cause catastrophic injuries – as was the case on April 5. Even if the initial collision is survivable, the force of impact can push the second vehicle into another lane, a barrier, or a secondary collision. This is one reason highway shoulder accidents and disabled-vehicle crashes so often lead to fatal or life-changing injuries.

What Should Drivers Do if Their Car Has Mechanical Problems on the Highway?

Drivers cannot control what inattentive or reckless motorists will do. However, they can still take steps to reduce the risk of a serious crash.

If your vehicle begins to fail on the highway, do the following:

  1. Move as far out of traffic as possible. In many cases, that means getting onto the shoulder.
  2. Turn on your hazard lights
  3. Only exit the vehicle only if it is safe to do so. If you are able, you should also call for roadside assistance or emergency help right away.

That said, this recent fatal crash is an important reminder that these steps do not guarantee safety. The shoulder is not a protected space. A driver who is distracted, speeding, fatigued, or otherwise not paying attention can drift out of their lane and strike a vehicle that is stopped where it is supposed to be.

For more tips for experienced drivers, read our article here.

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Who Is Liable in a Slowdown Crash?

In the vast majority of crashes, the at-fault driver is the person who strikes the slowed or stopped vehicle. Texas drivers have a duty to maintain a proper lookout, control their speed, and leave enough distance to respond to hazards in front of them. “I didn’t notice” or “I couldn’t tell” are not valid excuses for drivers that strike slowed vehicles, and can result in charges or findings related to “negligence per se.” Their duty does not disappear just because the crash happens on a freeway or because the other vehicle is moving much slower than normal.

However, liability is a bit more complicated. While the at-fault driver is usually the driver who struck the slowed vehicle, liability can rest with a different party.

Depending on the facts, liability may rest with:

  • The driver who failed to slow down or move over (or more accurately, their insurance)
  • An employer, if the at-fault driver was working at the time of the crash
  • A commercial carrier, if the collision involved an 18-wheeler or company vehicle
  • A manufacturer or maintenance provider, if brake light failure or another vehicle defect contributed to the collision

Hire a Lawyer for Slowdown Crashes in Houston

Evidence in highway crash cases disappears quickly, and drivers can flee the scene. The driver at-fault driver in the April 5 crash conducted a “hit-and-run“, leaving the scene of the crime immediately before fleeing on foot, according to local news sources. For these reasons, it is important for victims and families to speak with an attorney as soon as possible after a serious slowdown crash.

Hilda Sibrian has represented injury victims across Houston for more than 20 years, including people hurt in serious highway crashes involving distracted drivers, commercial vehicles, and catastrophic injuries. If you or someone you love was injured in a slowdown crash, call the Law Offices of Hilda Sibrian today for a free consultation. The Law Offices of Hilda Sibrian serve all of Houston, including Sugar Land, Missouri City, La Porte, Beaumont, Pasadena, The Woodlands, The Heights, Bellaire, Kingwood, Baytown and of course Houston proper.

Call our office today or fill out our online contact form for a free consultation.