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The shoulder of the road is meant to be a place of safety for drivers who need to pull over due to emergencies, mechanical issues, or other urgent situations. Unfortunately, not all drivers respect the rules of the road, and accidents involving vehicles on the shoulder are all too common. In many cases, these collisions lead to severe injuries or fatalities, as parked or disabled vehicles are struck by speeding or distracted drivers.
If you or a loved one has been injured in a shoulder-of-the-road accident, you may have the right to pursue compensation for your injuries and damages. At Torgenson Law, we help victims of car accidents navigate the legal process, determine liability, and fight for the financial recovery they deserve.
Before discussing how we can assist you, it is important to understand why these accidents occur, who may be responsible, and what steps to take after a crash.
A vehicle on the shoulder of the road is often at risk because other drivers fail to exercise caution or adhere to traffic laws. Shoulder accidents can occur on highways, city streets, or rural roads, and they are often caused by a combination of driver negligence and hazardous conditions.
Drivers who are texting, talking on the phone, adjusting their GPS, or otherwise not paying attention may drift onto the shoulder without realizing it. A momentary lapse in concentration can lead to a devastating crash, especially when the parked vehicle’s occupants are outside the car.
Drivers who travel at excessive speeds have less time to react when a vehicle is pulled over on the shoulder. Speeding drivers may swerve onto the shoulder while attempting to change lanes too quickly or avoid another vehicle, increasing the likelihood of an accident.
Fatigue and alcohol impair reaction times and decision-making abilities. A drowsy or impaired driver may unintentionally drift onto the shoulder, striking a parked vehicle or a pedestrian standing outside their car. In extreme cases, intoxicated drivers may mistake the shoulder for an active lane of traffic, leading to high-speed collisions.
Arizona law requires drivers to move over or slow down when approaching a stopped vehicle with hazard lights on, especially when emergency responders, tow trucks, or roadside assistance vehicles are present. Drivers who fail to follow these rules put others at serious risk.
In some cases, road design or poor visibility plays a role in shoulder accidents. Sharp curves, faded lane markings, and poorly lit roadways can make it difficult for drivers to see vehicles stopped on the shoulder until it is too late to avoid a collision.
Understanding the common causes of shoulder accidents is essential when determining who is responsible for the crash and what legal options may be available.
Determining liability in a shoulder-of-the-road accident can be complex, as multiple parties may share responsibility. A thorough investigation is required to establish fault and ensure that the right parties are held accountable.
In most cases, the driver who strikes a vehicle or pedestrian on the shoulder is responsible for the accident. If the at-fault driver was distracted, speeding, impaired, or failed to move over, they may be held liable for the damages caused by the crash.
If the accident involved a commercial vehicle, both the truck driver and their employer could be held liable. Truck drivers who fail to properly monitor their surroundings, fall asleep at the wheel, or engage in reckless driving may cause catastrophic crashes. Additionally, trucking companies may be responsible if they fail to properly train drivers, enforce safety regulations, or schedule excessive hours that lead to fatigue-related crashes.
In some cases, the driver of the parked vehicle may share liability. If a driver illegally stopped in an unsafe location, failed to use hazard lights, or did not pull fully onto the shoulder, they could be held partially responsible for the crash.
Poor road design, missing signage, or inadequate lighting can contribute to shoulder accidents. If a government agency failed to maintain safe road conditions or properly mark areas where vehicles can safely pull over, they may be held accountable for the accident. However, filing a claim against a government entity involves strict deadlines and legal requirements, making it essential to work with an experienced attorney.
Arizona follows comparative negligence laws, meaning that even if the victim shares some responsibility for the accident, they may still be entitled to compensation. Establishing liability requires gathering evidence, witness statements, and expert analysis to determine the exact cause of the crash.
Because shoulder accidents often involve high-speed impacts and vulnerable pedestrians, the injuries sustained in these crashes are frequently severe. Victims may face long recovery periods, permanent disabilities, or even life-threatening complications. Some of the most common injuries include:
A sudden impact can cause serious brain injuries, leading to memory loss, cognitive impairments, and long-term neurological complications. TBIs can affect a person’s ability to work, communicate, or perform everyday tasks. In severe cases, victims may experience personality changes, difficulty concentrating, and speech impairments, requiring extensive medical treatment and rehabilitation. Even mild concussions can result in lingering symptoms such as chronic headaches, dizziness, and sensitivity to light and sound, affecting overall quality of life.
Injuries to the spine can lead to partial or complete paralysis, chronic pain, and a significant reduction in mobility. Spinal cord damage often requires extensive rehabilitation, multiple surgeries, and assistive devices to regain function. Some victims may never fully recover and may require lifelong medical care. The emotional and financial toll of a spinal cord injury can be devastating, impacting both the victim and their family.
Fractures are common in high-impact collisions, especially when pedestrians are involved. Broken arms, legs, ribs, or hips can require surgery, months of rehabilitation, and physical therapy for recovery. Compound fractures, where the bone pierces the skin, carry a higher risk of infection and long-term complications. Some fractures may heal incorrectly, leading to chronic pain, mobility limitations, or the need for future corrective surgery.
Blunt force trauma can cause internal bleeding, organ damage, and punctured lungs, all of which can be life-threatening if not treated promptly. These injuries may not always be immediately visible, making immediate medical attention essential after an accident. Internal injuries often require emergency surgery and prolonged hospitalization, and in severe cases, victims may suffer permanent organ damage or long-term complications that affect their overall health.
Victims of shoulder accidents may suffer deep cuts, severe road rash, or burns from vehicle fires, shattered glass, or impact with rough pavement. These injuries can lead to scarring, infections, nerve damage, and long-term pain management needs. Severe burns may require skin grafts and extensive rehabilitation, while deep lacerations can cause permanent disfigurement and mobility issues.
The physical and emotional toll of these injuries can be overwhelming. Victims often face high medical costs, lost income, and reduced quality of life. Seeking immediate medical treatment and legal assistance is crucial to ensuring a full recovery and securing the compensation needed to cover medical expenses, rehabilitation, and other damages.
Victims of shoulder-of-the-road accidents may be entitled to compensation for their medical expenses, lost wages, and emotional suffering. The amount recoverable depends on the severity of the injuries, the long-term impact on the victim’s life, and the level of negligence involved in the accident. Compensation typically falls into three main categories:
These cover tangible financial losses related to the accident. Medical expenses often make up the largest portion of economic damages, including emergency medical treatment, ambulance fees, hospital stays, surgeries, diagnostic tests, prescription medications, physical therapy, and long-term rehabilitation. In severe cases, victims may require home modifications, assistive devices like wheelchairs, or in-home nursing care, all of which can be included in compensation claims.
Lost wages are another significant factor. If the victim is unable to work during their recovery, they may be compensated for the income lost due to medical treatments, hospitalization, or physical limitations. If the injuries result in a permanent disability or reduce the victim’s ability to earn income in the future, compensation may also cover lost earning capacity.
Property damage is another recoverable loss. If the victim’s vehicle was damaged or totaled in the crash, compensation may include the cost of repairs or the fair market value of a replacement vehicle. Additional costs, such as rental car fees or transportation expenses, may also be covered.
These compensate for the intangible losses a victim suffers after an accident. Pain and suffering refers to the physical pain, discomfort, and emotional anguish caused by injuries sustained in the crash. Some victims may experience chronic pain or permanent disabilities that affect their quality of life.
Emotional distress is another key factor. Many victims of shoulder-of-the-road accidents suffer from post-traumatic stress disorder (PTSD), anxiety, depression, or sleep disturbances due to the traumatic nature of the crash. These conditions can affect relationships, work performance, and daily activities, making it difficult for victims to return to a normal life.
Loss of enjoyment of life is another form of non-economic damage. If a victim is unable to participate in hobbies, recreational activities, or social events they once enjoyed due to their injuries, they may be entitled to compensation for this loss.
Punitive damages are awarded in cases where the at-fault driver acted with extreme recklessness or intentional misconduct. These damages are not meant to compensate the victim directly but are instead a financial penalty imposed on the negligent party to deter similar reckless behavior in the future.
Punitive damages may be awarded if the at-fault driver was intoxicated, excessively speeding, engaging in road rage, or intentionally disregarding traffic laws. In cases where the responsible party fled the scene or ignored safety regulations, courts may impose additional financial penalties.
Understanding the full extent of available compensation is crucial for victims seeking justice after a shoulder-of-the-road accident. At Torgenson Law, we carefully evaluate each case to ensure our clients pursue the maximum compensation available under the law.
At Torgenson Law, we have extensive experience representing victims of shoulder-of-the-road accidents and other complex personal injury cases. We understand the unique challenges these accidents present, from proving liability to negotiating with insurance companies that may try to minimize your claim. Our legal team is committed to fighting for the full and fair compensation you deserve.
We conduct thorough investigations to gather key evidence, including police reports, witness statements, traffic camera footage, and accident reconstruction analysis. If necessary, we work with industry experts to determine exactly how the accident occurred and who should be held responsible. Whether the at-fault party was a negligent driver, a commercial trucking company, or a government entity responsible for dangerous road conditions, we build a strong case to hold them accountable.
Insurance companies often attempt to settle claims quickly and for far less than what victims are entitled to. Our attorneys negotiate aggressively to ensure you receive compensation that covers medical expenses, lost income, pain and suffering, and other damages. If a fair settlement cannot be reached, we are fully prepared to take your case to trial.
At Torgenson Law, we provide personalized legal representation and are dedicated to protecting the rights of injury victims in Phoenix. Call us today for a free consultation to discuss your case.
If you or a loved one has been injured in a shoulder-of-the-road accident, you do not have to handle the legal process alone. At Torgenson Law, we understand the complexities of these cases and are committed to fighting for the compensation you deserve. Our legal team will investigate the accident, gather evidence, negotiate with insurance companies, and, if necessary, take your case to court.
Call us today at 602-726-0747 for a free consultation, or reach out to us online. There are no upfront costs, and you pay nothing unless we win your case. Let us handle the legal process while you focus on your recovery.
