Why Are Highway Road Shoulder Accidents in Charleston Dangerous?

Highway road shoulder accidents are one of the deadliest types of accidents. If a driver is going over 60 mph, they can destroy a stationary vehicle or cause severe injuries that make recovery challenging.

At Roden Law, our dedicated law firm is here to support you as you determine your legal options. If you have sustained any injuries or have vehicle damage, you have the right to seek legal counsel. Our firm does not charge any upfront costs to speak to one of our attorneys. During an initial consultation, our Charleston car accident attorneys encourage you to discuss your questions and concerns with us.

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What Are Highway Road Shoulder Accidents?

Highway road shoulder accidents occur when moving vehicles strike cars, people, or equipment positioned on highway shoulders, creating some of the most severe collision scenarios on Charleston’s roadways. The most common type occurs when drivers fail to notice disabled vehicles parked on the shoulder and strike them at full highway speed.

These accidents often involve mechanical breakdowns, flat tires, or emergencies that force drivers to stop on busy highways. Weather conditions, distracted driving, and reduced visibility from sudden thunderstorms frequently contribute to these crashes. Drivers may not see stopped vehicles until a collision becomes unavoidable.

Emergency responders, tow truck operators, and roadside assistance workers face extreme danger when working on highway shoulders because they must exit their vehicles and work near high-speed traffic. Police officers, paramedics, and tow truck drivers become vulnerable targets when other drivers fail to follow South Carolina’s Move Over law. This law requires motorists to change lanes or reduce speed when approaching emergency vehicles.

The physics of shoulder accidents makes them uniquely dangerous due to extreme speed differentials between stopped vehicles and approaching traffic traveling 60 to 80 mph. When high-speed vehicles strike stationary cars, the impact forces are equivalent to hitting a concrete barrier, creating crushing forces that standard vehicle safety systems cannot fully protect against.

Why Are Charleston Shoulder Accidents Dangerous Compared to Other Crashes?

Charleston shoulder accidents are often more devastating than typical traffic crashes because they involve extreme speed differentials. For example, when a car traveling at 70 mph on I-26 or I-526 hits a stopped vehicle, it produces the same force as crashing into a concrete wall at full highway speed.

In regular crashes, both vehicles absorb some of the impact. In road shoulder crashes, the stopped vehicle takes the full force.  Many newer vehicles are built to offer stronger protection in similar-speed collisions. However,  these crumple zones, airbags, and other structural reinforcements of a stationary vehicle are not built to withstand the force of being struck by a vehicle traveling at 70 to 80 mph.

Shoulder accident victims often have no warning, as they are on their phones trying to get a tow truck, outside the vehicle attempting a tire change, or simply waiting for help.

What Should I Do if My Car Breaks Down on a Highway in Charleston?

When your vehicle breaks down on Charleston highways, signal immediately and turn on hazard lights while gradually moving to the right shoulder as far from traffic as possible. Pull past bridge sections, curves, or hills where visibility is limited, and position your vehicle at the widest available point away from traffic lanes.

You can ensure your safety when taking these actions:

• Call 911 if you feel unsafe
• Angle your front wheels toward the shoulder edge
• Engage the parking brake
• Raise your hood to signal distress
• Exit only through doors facing away from traffic
• Contact roadside assistance immediately
• Place emergency flares or triangles behind your vehicle

Move Over Law in South Carolina

South Carolina Code Section 56-5-1538 requires drivers to move over one whole lane when approaching stationary emergency vehicles. Drivers should be aware and move over when they notice tow trucks, maintenance vehicles, or disabled vehicles displaying hazard lights on highway shoulders.

When changing lanes is not possible due to traffic or road design, drivers must reduce speed to at least 10 mph below the posted limit, or no more than 25 mph on highways with speed limits of 45 mph or higher. The law applies to all stopped vehicles equipped with warning lights, including emergency vehicles, tow trucks, and private cars with hazard lights.

Liability if Someone Hits You on the Shoulder

South Carolina law generally holds drivers of moving vehicles responsible when they strike cars legally stopped on highway shoulders. Approaching drivers must maintain a proper lookout, reduce speed when necessary, and avoid collisions with stopped vehicles. Your legal protection depends on stopping for a legitimate emergency, not for convenience. However, courts do not require perfect warning signals or ideal positioning to establish the liability of the approaching driver.

Evidence Needed in Charleston Shoulder Accident Cases

You can use three types of evidence after a shoulder accident to prove your damages and injuries. This evidence can be used to demonstrate the damage caused by an accident so that you can get the fair compensation you need.

Physical Evidence

Vehicle damage patterns help experts calculate impact speeds and determine if striking drivers had time to avoid collisions. Primary damage to the rear of stopped vehicles, the front of striking vehicles, and secondary damage from barrier impacts indicate collision severity and support injury claims.

Tire marks reveal whether drivers attempted to brake or steer away, while debris patterns indicate the vehicle’s speed. Road conditions, guardrail damage, and missing skid marks can show if drivers never saw stopped vehicles or were distracted. Quick photography of vehicle positions and accident scenes preserves key evidence before it is cleaned up. However, if photos are not captured at the accident scene, consult with an attorney to help you gather essential evidence for your case.

Witness Statements

Other drivers, especially commercial truck drivers with better visibility, provide testimony about the striking drivers’ behavior, including distraction, excessive speed, and Move Over Law violations. Their accounts may include observations of distracted driving, excessive speed, failure to reduce speed, or violations of South Carolina’s Move Over Law.

This type of eyewitness testimony can strengthen your case by confirming that the at-fault driver had ample time and space to react but failed to take reasonable precautions. In some instances, dashcam footage from commercial vehicles may also capture key moments leading up to the crash, offering objective evidence to support your claim.

Documentation

Documentation can show the sequence of events during a car crash and can also link injuries to the crash. Although every accident case is different, you may be able to use the following documentation as evidence.

• Police Reports: This official record of your crash contains facts, citations, and on-scene observations.
• Traffic Camera and Dash Cam Footage: Capture the collision or traffic conditions leading up to it.
• Cell Phone Records: Timestamped to the accident, these records may provide evidence of distracted driving.
• Emergency Room Records: Help establish immediate injuries and link them to the crash.
• Diagnostic Imaging and Expert Testimony: Help explain how the accident caused specific injuries and assist in calculating future medical costs.

Ways To Avoid Road Shoulder Accidents in Charleston

• Maintain constant visual scanning for stopped vehicles on the shoulder.
• Follow South Carolina’s Move Over Law by changing lanes away from shoulder hazards or reducing speed.
• Keep a safe following distance of at least three seconds to allow time to react.
• Eliminate distractions such as phone use, eating, or anything that hinders early hazard detection.
• Use the left lane strategically when approaching high-risk areas like construction zones or bridge approaches.
• Avoid aggressive driving behaviors that reduce your ability to respond quickly to potential hazards on the shoulder.
• Plan alternate routes during major events to avoid heavy tourist traffic and unfamiliar drivers on Charleston highways.

If you are a driver who needs to pull over for an emergency stop, signal immediately and drive past bridge sections, curves, and hills to reach wider shoulder areas with better visibility.

Other safe practices you can also take include recognizing high-risk situations, such as construction zones and weather-related risks, including sudden thunderstorms and dense coastal fog.

Call Roden Law for Legal Help After a Road Shoulder Accident

Highway shoulder accidents in Charleston represent some of the most preventable yet devastating crashes on our roadways. The combination of high-speed traffic, limited shoulder space, and sudden weather changes makes stopping on road shoulders extremely hazardous.

If you or a loved one has been injured in a Charleston highway shoulder accident, Roden Law is ready to help you navigate the legal process. Our legal team is deeply committed to holding reckless or negligent drivers accountable for the damages they cause and helping you recover the compensation you need and deserve. We are here to help you, and there are no up front costs or fees when we represent you. Call for your free, no-risk consultation today.

Call Roden Law today. Our staff can take your call 24/7: 1-844-RESULTS.