Call Us: 
Disabled vehicles on the side of the freeway have become increasingly common in recent years. So what happens if you hit a car stopped on the highway? Is it automatically your fault if you crash into it? Can you still claim compensation?
If this ever happens to you, the first and most important things to do are:
- Pull over safely and turn on your hazard lights
- Call 911 to request police and medical assistance
- Document everything (take photos and gather relevant information)
- Stay inside your vehicle with the doors locked until help arrives, if it is safe to do so
- Exchange information with the other driver if they are present; if not, obtain their license plate number and any available details
- Contact experienced car accident lawyers in California
In California, all drivers must follow the California Vehicle Code, which sets out specific rules for how motorists should approach intersections, drive on residential streets, and enter freeways.
Under the California Vehicle Code, every driver has a duty and responsibility to operate their vehicle at a safe and reasonable speed. This includes maintaining a steady pace and complying with posted speed limits on the freeway.
Drivers must also adjust their speed based on weather, traffic, and road conditions. If conditions are poor, drivers are required to travel well below the posted speed limit when necessary to do so safely.
Overall, the California Vehicle Code establishes a legal duty for all drivers to operate their vehicles in a reasonably safe manner at all times. If you hit a car stopped on the highway, that does not automatically mean you are at fault. And even if you were partially responsible, you may still be able to recover compensation for your damages. Call Megeredchian Law at (866) 359-0807 to schedule a free consultation.
Am I Responsible if I Hit a Car Stopped on the Highway?
Whether you are responsible for hitting a car stopped on the highway depends on the specific circumstances of the accident. Liability is not automatic. Instead, several factors are evaluated to determine whether a driver acted reasonably under the conditions.
Key Factors That Affect Liability
Warnings of the Disabled Vehicle
One important factor is whether there were adequate warnings alerting drivers to the presence of a disabled vehicle. In some cases, freeway signs, hazard lights, flares, or cones may warn approaching motorists. If sufficient warnings were present and a driver failed to slow down or react appropriately, that driver may be found at fault.
Navigation and Real-Time Alerts
Many navigation apps, such as Apple Maps or Google Maps, now provide real-time alerts for hazards or disabled vehicles on the roadway. If evidence shows that a driver received a warning about a stopped vehicle and failed to respond reasonably, this may be considered when determining fault. However, these alerts alone do not automatically establish liability.
Speed and Driving Behavior
Speed is one of the most critical factors in these cases. Investigators and attorneys often examine whether the driver who struck the stopped vehicle was traveling above the posted speed limit or too fast for traffic, weather, or road conditions. Driving at an unsafe speed can significantly increase stopping distance and may result in partial or full liability for the collision.
Who Can Be Held Responsible for a Disabled Vehicle Collision?
Depending on the facts, liability may fall on one or more parties:
The Approaching Driver
If the driver who hit the stopped vehicle was speeding, distracted, or otherwise driving negligently, they may be held responsible for the accident.
The Driver of the Disabled Vehicle
If the disabled vehicle was stopped due to poor maintenance or negligence — such as failing to repair known mechanical issues or failing to use hazard lights or warning devices — that driver may share responsibility.
The Vehicle Manufacturer
In some cases, a mechanical defect may have caused the vehicle to become disabled. If a defect played a role, the manufacturer could potentially be held liable through a product liability claim.
How Comparative Negligence Works in These Cases
California follows a pure comparative negligence rule, which means an injured party may still recover compensation even if they were partially at fault for an accident. Liability is divided among all responsible parties based on their percentage of fault.
For example, if the owner of a disabled vehicle failed to properly maintain their car and that failure caused the vehicle to break down on the highway, they could be found partially responsible for a resulting collision. However, that does not automatically prevent them from recovering compensation from another driver who also contributed to the crash.
Under California’s comparative negligence system, your compensation is simply reduced by your percentage of fault. If you were found to be 95% responsible for an accident, you may still recover the remaining 5% of your damages from the other at-fault party. While this amount may be limited, your right to pursue compensation is not eliminated.
Find Experienced Car Accident Lawyers in California
If you hit a car stopped on the highway, don’t panic. Call Megeredchian Law at (866) 359-0807. Every consultation is free and confidential, allowing you to speak openly and explain what happened in detail. We can evaluate your case in minutes and determine whether you may qualify for compensation. Act quickly—although you have two years from the date of the accident, contacting a lawyer as soon as possible can protect your rights. Don’t let the other party get ahead of you.
