Most people assume that once they've stopped along the roadside because of a flat tire, mechanical problem, or another roadside emergency, the worst is over. They're away from traffic, the immediate danger appears to have passed, and help is on the way. Unfortunately, for some people, the most serious Virginia car accidents happen after they've safely pulled off the road.
Over the years, our firm has represented a police officer struck by an 18-wheeler during a traffic stop, a tow truck operator hit while assisting a disabled vehicle, and motorists seriously injured in secondary collisions at the side of the road following what initially appeared to be a relatively minor crash.
National data illustrates the scope of the problem. According to the National Highway Traffic Safety Administration, approximately 33,000 crashes occurred along the shoulder of U.S. roadways in 2024, resulting in 578 deaths. Emergency responders face especially significant risks. The National Law Enforcement Officers Memorial Fund reports that 197 officers died in traffic-related incidents between 2021 and 2025, including many who were struck while working outside their patrol vehicles.
Why Pulling Onto the Shoulder Doesn't Always Mean You're Safe
Not every highway provides the same level of protection for emergency stops. Some interstates provide several feet of separation from moving traffic, while others narrow considerably near bridges, construction zones, entrance ramps, or concrete barriers. Even when a vehicle is completely off the road, occupants who need to leave it may have little room to stand without remaining dangerously close to passing traffic.
Highway shoulders are designed to provide a place for disabled vehicles and emergency stops, not to shield people from traffic traveling at highway speeds. Even after a driver has done everything right, a distracted, fatigued, or impaired motorist may drift from the travel lane with little opportunity to recover. Commercial trucks present additional dangers because of their size, stopping distance, and the force created as they pass close to the shoulder.
In our experience, secondary crashes on the roadside are often among the most catastrophic because once someone steps outside a vehicle, they're no longer protected by thousands of pounds of steel, airbags, and seat belts. Even occupants who remain inside a disabled vehicle can suffer devastating injuries if another driver strikes them at high speed.
"People often assume the first collision is the most dangerous part of an accident. In many of the cases we've handled, the more serious injuries occurred only after someone had already pulled safely onto the shoulder and believed the emergency was over." — Justin Curcio
What Virginia Drivers Should Do During a Roadside Emergency
No one can eliminate every risk during a roadside emergency, but taking a few precautions may reduce the likelihood of another collision. If your vehicle can still be driven safely after a mechanical problem or minor crash, Virginia Code § 46.2-888 generally expects you to move it out of the travel lanes. On highways, that may mean pulling as far onto the shoulder as possible or, when conditions permit, continuing to the next exit or another safer location rather than stopping where traffic is moving quickly.
Activating your hazard lights as soon as possible can provide approaching drivers with additional warning. Depending on the location, remaining inside your vehicle with your seat belt fastened may be safer than standing beside it. If you do need to exit, use the side of the vehicle away from traffic whenever possible and move to a safer location well away from the roadway.
Following those steps doesn't guarantee that a driver or passenger will be safe. In many of the cases we've handled, the injured person had already done exactly what they were supposed to do before another vehicle drifted from its lane and struck the stopped vehicle or people standing nearby.
Roadside safety doesn't depend solely on the driver who has pulled over. Motorists approaching a disabled vehicle also play an important role in preventing secondary crashes. We've seen firsthand how quickly a routine stop can become catastrophic when approaching drivers fail to slow down or move over. Virginia's Move Over law is intended to give emergency responders, tow operators, and stranded motorists additional space, but its effectiveness still depends on drivers remaining attentive behind the wheel.
How Responsibility Is Determined After a Virginia Roadside Crash
Determining who is legally responsible for an accident along a highway shoulder often involves far more than identifying where the impact occurred. One of the central questions is why the approaching vehicle left the travel lane and whether the crash could have been prevented.
Was the driver distracted? Did fatigue or impairment cause the vehicle to drift? Was excessive speed a factor? Did weather, visibility, or another vehicle contribute to what happened? Those questions often become far more significant than the simple fact that someone was already stopped.
The circumstances surrounding the stopped vehicle are also important due to Virginia’s contributory negligence rule. Evaluating these cases often includes examining the vehicle's position, the use of emergency flashers, whether it could have been moved farther from traffic, and the circumstances under which occupants exited the vehicle. Dash camera footage, surveillance video, witness statements, vehicle data, photographs, and physical evidence from the scene can all help piece together the events leading up to the accident.
Depending on the circumstances, more than one driver's actions may need to be evaluated to determine whether multiple acts of negligence contributed to the outcome.
What to Expect When Insurance Companies Get Involved
Roadside crashes often present insurance issues that are more complicated than a typical rear-end or intersection accident because several separate events may have contributed to the outcome. A driver who stopped because of a flat tire may have one claim. Someone injured while responding to the original incident may have another. Secondary crashes can involve multiple insurance policies, commercial vehicles, employers, or uninsured and underinsured motorist coverage.
Insurance companies often begin evaluating these claims almost immediately. They may review where everyone was positioned, how long the vehicle had been stopped, whether emergency flashers were activated, and statements made by the people involved as they assess liability and insurance coverage.
Because those early decisions can influence how a claim develops, many injured people choose to better understand their legal rights before providing a recorded statement or considering an early settlement offer.
Understanding Your Legal Options After a Roadside Crash
Accidents that occur on the shoulder are different from many other motor vehicle crashes because they often begin with one emergency and end with another. What started as a flat tire, a minor collision, or a routine traffic stop can become a catastrophic event when another vehicle veers off the road. Understanding why that happened—and whether it could have been prevented—often requires a detailed investigation into both the events that brought someone to the side of the road and the actions of the driver who ultimately caused the impact.
If you were injured after pulling onto a roadside because of a breakdown, a previous collision, or another emergency, speaking with a Virginia personal injury attorney can help you better understand how fault may be evaluated and what legal options may be available. The attorneys at Curcio Law are available to answer your questions. You can call or text (703) 836-3366, start a live chat, or contact the firm online.
