Who Is Liable When a Pedestrian Is Hit After a Highway Breakdown?

Highway breakdowns are stressful, dangerous, and often chaotic. In a matter of seconds, a routine drive can turn into a life-threatening situation, especially when a driver or passenger exits a disabled vehicle and becomes a pedestrian in an active traffic environment. Tragically, these scenarios frequently result in severe injuries or fatalities.

Pedestrians struck after exiting disabled vehicles represent a uniquely dangerous category of roadway accidents. High speeds, poor visibility, distracted driving, and unsafe roadside conditions all contribute to these devastating incidents. Understanding why these crashes occur, and what legal options exist afterward, is critical for anyone traveling Illinois highways.

“When a driver or passenger is forced out of their vehicle on a highway, they are placed in one of the most dangerous environments imaginable. These cases require a careful investigation to determine exactly who failed to act safely and to hold them accountable.” – John J. Malm, Naperville pedestrian accident attorney

The Scope of the Problem: Pedestrian Fatalities in the U.S.

Pedestrian deaths remain a serious and growing safety issue nationwide. According to the Centers for Disease Control and Prevention (CDC), more than 8,000 pedestrians were killed in traffic crashes in 2022, with an additional 140,000 treated in emergency departments for non-fatal injuries.

The National Highway Traffic Safety Administration (NHTSA) similarly reports that over 7,300 pedestrians were killed in 2023, equating to one death every 72 minutes. Even more concerning, pedestrian fatalities have risen dramatically over the past decade, increasing by approximately 85% between 2009 and 2022.

While these statistics encompass all pedestrian accidents, individuals who exit disabled vehicles on highways face an even higher level of risk due to traffic speed and roadway design.

Why Exiting a Disabled Vehicle on the Highway Is So Dangerous

Highways are not designed for pedestrians. When a vehicle becomes disabled, anyone exiting the car is immediately exposed to fast-moving traffic, often with limited protection or warning.

Federal Highway Administration (FHWA) research identifies “disabled vehicle-related” pedestrian crashes as a specific and recognized crash type involving individuals struck while walking to or from a disabled vehicle.

Key Risk Factors Include:

High vehicle speeds: Many highway crashes occur at 55–70 mph, where survival rates drop dramatically
Limited shoulder space: Narrow shoulders leave pedestrians dangerously close to passing vehicles
Poor visibility: Nighttime breakdowns or low-light conditions increase crash likelihood
Driver distraction: Drivers may not anticipate pedestrians on highways
Unexpected pedestrian presence: Motorists are conditioned to expect other vehicles—not people

According to the CDC, 60% of pedestrian deaths occur on high-capacity roads with speed limits of 45–55 mph, which closely mirrors highway conditions.

Common Scenarios Leading to These Accidents

Pedestrian crashes involving disabled vehicles typically arise in predictable, but highly dangerous situations.

Frequent Scenarios Include:

A driver exits a stalled car to inspect damage or call for help
A passenger steps out while the vehicle is stopped on the shoulder
Someone attempts to push a disabled vehicle off the roadway
A motorist walks along the highway seeking assistance
A driver exits after a crash without realizing traffic hazards

Real-world incidents frequently show how quickly these situations turn fatal. In one reported case, a pedestrian assisting a disabled truck on an interstate was struck and killed by a passing vehicle that veered onto the shoulder.

Why These Accidents Are Often Severe or Fatal

Pedestrian crashes are inherently dangerous, but highway conditions amplify the severity significantly.

Contributing Factors to Severe Injuries:

Speed: At 45 mph, nearly two-thirds of pedestrian crashes result in serious injury or death
Vehicle size: SUVs and trucks cause more severe injuries due to higher front-end profiles
Lack of protection: Pedestrians have no physical barrier against impact
Secondary collisions: Victims may be struck by multiple vehicles

These factors often result in catastrophic injuries such as:

Traumatic brain injuries (TBI)
Spinal cord injuries
Multiple fractures
Internal organ damage
Wrongful death

Illinois Law and Driver Responsibilities

Illinois law requires drivers to exercise due care to avoid colliding with pedestrians, even on highways. However, liability in these cases can be complex.

Potentially Liable Parties:

Negligent drivers: Speeding, distracted, or impaired motorists
Commercial vehicle operators: Truck drivers who fail to maintain lane control
Municipal entities: If unsafe road design or lack of shoulder space contributed
Vehicle manufacturers: In rare cases involving mechanical failure

Illinois follows a modified comparative negligence rule, meaning a pedestrian can still recover damages if they are less than 50% at fault, though compensation may be reduced.

What to Do If Your Vehicle Breaks Down on the Highway

Preventing these tragedies begins with knowing how to respond safely to a breakdown.

Safety Tips:

Move your vehicle as far off the roadway as possible
Turn on hazard lights immediately
Remain inside the vehicle if it is safe to do so
Exit on the side away from traffic if necessary
Stand far from the roadway and behind guardrails if available
Call for roadside assistance or emergency services

The NHTSA emphasizes that both drivers and pedestrians share responsibility for roadway safety, especially in high-risk environments like highways.

How an Illinois Car Accident Lawyer Can Help

These cases often involve complex liability issues and severe damages. An experienced Illinois personal injury attorney can play a critical role in securing compensation.

A Lawyer Can Help By:

Investigating the crash and gathering evidence
Identifying all liable parties
Working with accident reconstruction experts
Negotiating with insurance companies
Filing a lawsuit if necessary

Damages May Include:

Medical expenses
Lost income
Pain and suffering
Disability and disfigurement
Wrongful death damages for surviving families

Frequently Asked Questions about Pedestrian Highway Crashes

Q: Are drivers always at fault when a pedestrian is hit on a highway?

A: Not always. Fault depends on the specific facts. While drivers must exercise due care, pedestrians also have responsibilities. Liability is often shared.

Q: Can I recover compensation if I exited my own disabled vehicle?

A: Yes. Even if you exited your vehicle, you may still recover damages if another driver acted negligently.

Q: What if the driver who hit me fled the scene?

A: You may still have options through uninsured motorist (UM) coverage or other insurance policies.

Q: Are these cases treated differently from typical pedestrian accidents?

A: Yes. Highway pedestrian cases often involve higher speeds, more severe injuries, and complex liability issues.

Q: How long do I have to file a claim in Illinois?

A: Generally, the statute of limitations is two years from the date of the accident, though exceptions may apply.

Contact the Award-Winning Illinois Pedestrian Accident Attorneys at John J. Malm & Associates

Being struck after exiting a disabled vehicle is one of the most dangerous and preventable types of roadway accidents. The combination of high speeds, limited visibility, and driver inattention creates a perfect storm for catastrophic injury. If you or a loved one has been injured in this type of accident, it is critical to act quickly. Evidence can disappear, and insurance companies often move fast to minimize payouts.

At John J. Malm & Associates, we understand the devastating impact these accidents can have on victims and their families. Our experienced Illinois personal injury attorneys are committed to thoroughly investigating your case, identifying all responsible parties, and fighting to secure the full compensation you deserve.

Contact our firm today for a free consultation. Let us help you protect your rights and pursue justice after a serious highway pedestrian accident.