According to the police, a passenger van transporting seven people was disabled in the far-left lane due to a flat tire when it was rear-ended by a pickup truck at a high speed. Several other vehicle occupants were transported to the hospital.
These types of highway accidents happen all too often in the greater Harris-Montgomery-Fort Bend area due to the large number of highways and millions of people traveling to work. As simple as it may seem, these investigations take time. Was the pick-up truck driver distracted, drowsy, or under the influence? Did the stranded vehicle have its flashers on? The answers to these and other questions all have to be explored.
What Can You Do If Your Car Is Disabled on the Highway?
Anytime your car becomes disabled on a highway like I-45, you are in danger of being killed or catastrophically injured in a high-speed collision. If the vehicle can be moved to a shoulder or otherwise out of the road, even if it means driving on a rim, you should turn on the flashers and move the vehicle. Once you are on the side of the road, the Texas DPS has a special roadside assistance number called the Texas DPS Motorist Helpline, which can be reached by calling 1-800-525-5555. If you do not have that number handy, calling the police for help is also an option.
Should You Stay in the Vehicle After a Wreck on the Highway?
This is a question to which many people give different answers. The simplest answer is, what is the safest in your situation? Staying in the car is clearly a risk, as this wreck indicates. This is especially true in the early morning or evening hours when drivers are more likely to be sleepy, less alert, or even intoxicated. If cars are flying past you, then being on the highway is unlikely to be safe. If you can get out of the vehicle on the side away from traffic safely during a break in traffic, you may want to consider this. If you are on an outside lane, you can move away from the road. If you are nearest the inside lane, as in the case above, move along the concrete barrier in the direction that traffic is coming from until you are a safe distance away from your vehicle so that debris does not hit you if someone hits your car. This does not guarantee safety, but it may be safer than sitting in a car. However, nighttime shoulder accidents happen, so you must stay alert and try to warn approaching cars of your presence. Attempting to cross the highway on foot in traffic is probably the most dangerous thing you could do, as judging speed and distance when cars are moving at a high rate is extremely difficult.
Do You Have an Injury Claim If Someone Hit Your Disabled Vehicle?
At Simmons and Fletcher, P.C., we have evaluated and handled many cases where someone struck a disabled vehicle. The facts are never exactly the same. However, if you were a passenger in the vehicle that was struck, you are likely to have a passenger claim against both drivers. Passengers are typically considered “negligence-free” in a wreck since they rarely take actions that cause the wreck. If you were the driver of the vehicle, your negligence would be compared to that of the other driver. If you are found to be less than 50% of the cause of the wreck, then you may recover that percentage for which the other driver is responsible. You will need a separate car accident lawyer than the passengers, however, to avoid a conflict of interest for the attorney.
Simmons and Fletcher, P.C. has been helping accident victims since 1979. We offer a free consultation and charge no attorney fees or court costs unless we make a recovery for you.
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