Hit When Stranded on a Freeway? What You Should Know After the 101 Accident

By Yosi Yahoudai Founder and Managing Partner

July 21, 2025

Car Accidents

On June 30, 2025, tragedy struck on the US-101 Freeway in North Hollywood. Off-duty LAPD Deputy Marcos Pena Jr., just 31 years old, and a female passenger were fatally hit by a box truck after exiting their disabled SUV, which had come to a stop in a traffic lane for reasons still under investigation. 

The impact of this crash reverberated far beyond the accident scene. It raised difficult questions about safety, accountability, and what legal protections exist for people in vulnerable moments – like being stranded on a freeway. 

If you’ve ever asked yourself, “What are my rights if I’m hit while outside a vehicle on a freeway?”, here’s what you need to know. 

Who Can Be Held Liable If Someone Is Hit After Exiting a Disabled Car?

The answer depends on several factors, but in California, liability may fall on multiple parties, including: 

• The driver of the vehicle that struck the pedestrian – especially if they were speeding, distracted, or failed to slow down for stopped traffic. 

• The owner or operator of the disabled vehicle, if their negligence led to the unsafe stop. 

• The vehicle manufacturer, in cases involving mechanical failure. 

• Caltrans or another public agency, if poor road maintenance or inadequate lighting contributed to the crash. 

Pedestrian crashes on freeways are tragic but legally complex. Liability often hinges on timing, visibility, and whether proper safety steps were taken by all involved. 

Do Drivers Have a Legal Duty to Watch for Stranded Vehicles?

Yes. Under California Vehicle Code Section 21809, drivers approaching any vehicle displaying hazard lights – or attended by a person in or near the roadway – are required to: 

• Move over a lane when safe to do so 

• Slow down if unable to move over 

• Exercise caution, particularly at night or in reduced visibility 

Failure to follow these laws can result in citations, civil liability, or even criminal charges if serious injury or death occurs. 

“Driving on a freeway doesn’t erase the need to be alert,” says Jason Javaheri, Co-founder and CEO of J&Y Law. “When a car is stopped – even if you don’t know why – your job as a driver is to slow down and stay sharp. A few seconds of reaction time can save a life.” 

What Rights Do Pedestrians and Passengers Have After a Crash Like This?

If you’re struck while standing near a disabled vehicle, or injured as a passenger during an emergency stop, California law offers strong protections: 

• Personal injury claims: For medical bills, lost income, and long-term recovery costs. 

• Wrongful death claims: If a loved one is killed, their family may be entitled to funeral costs, future income loss, and emotional damages. 

• Uninsured/underinsured motorist coverage: Even if the at-fault driver lacks adequate coverage, you may be protected by your own auto insurance policy. 

• Premises liability or government claims: In some cases, poor road design or lighting can make a city or agency partly responsible. 

What Should You Do After Being Hit on a Freeway?

These steps can be critical to your safety and your legal claim: 

1. Call 911 immediately – even if you think you’re okay. 

1. Document everything – photos of the vehicle, road, lighting, and injuries. 

1. Collect contact info – from witnesses, first responders, and the other driver. 

1. Request the accident report – from CHP or the appropriate agency. 

1. Speak to an attorney – especially if the accident involves fatalities or serious injuries. 

“We’ve represented clients who did everything right. They were careful, visible, even using hazard lights, and they still got hit,” says Javaheri. “That’s why we step in. Our job is to hold drivers accountable and help families get the answers they deserve.” 

Talk to an Attorney If You Were Injured While Stranded on a Freeway

Getting hit after pulling over can feel like the worst kind of bad luck. But in many cases, it’s not luck – it’s negligence. And with the right legal support, you may be entitled to real compensation. 

If you or someone you love was injured – or killed – while stranded on a freeway, call J&Y Law at (877) 735-7035. We’ll review your case for free and uncover every available path to justice.