Last updated · Reviewed by Ron McMinn, Esq.
If you hit a stalled car that had no lights on a California freeway, fault is often shared, and sharing fault reduces what you can recover but does not automatically end your claim. California uses pure comparative fault, so a jury can assign a percentage to the driver of the disabled car for stopping without lights and a percentage to the approaching driver for speed or inattention. A Caltrans claim is possible only if a road condition, such as a blind curve or missing lighting, helped cause the crash, and it needs a written claim within six months. This guide is general and does not decide what happened in any real crash.
What was reported?
Malibu.FM reported that early on Monday, November 2, 2026, a sedan stopped on a curve of the eastbound 101 Freeway beneath the Wallis Annenberg Wildlife Crossing near Liberty Canyon Road with its taillights off, and that a small truck struck it. The outlet said the freeway reopened after about an hour. We have seen no finding about cause or fault, and we are not naming anyone. The setting is useful for one reason: it shows how many questions a dark, stopped vehicle raises at once.
Who is at fault when one car is stopped in the dark?
Possibly both drivers. California’s rule, from Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, is that fault is divided by percentage and each person’s recovery is reduced by their share. Typical arguments look like this:
- Against the stopped driver. Vehicle Code section 21718 generally prohibits stopping on a freeway unless it is necessary, such as for a mechanical breakdown or an emergency. Section 24250 requires lighting on vehicles during darkness, with exceptions. An insurer for the approaching driver may argue the stopped vehicle was a hazard.
- Against the approaching driver. The basic speed law bars driving faster than is reasonable for conditions, which includes visibility and curves. An insurer for the stopped driver may argue the approaching driver was going too fast to stop within the range of the headlights.
- Against both. A jury may find that each contributed.
Under Evidence Code section 669, breaking a safety statute can create a presumption of negligence that the other side can try to rebut. A presumption is not a verdict. Why the car stopped matters as much as whether it had lights. A breakdown with the driver trying to get clear is a different story from stopping in a lane for no reason.
Who pays if fault is shared?
Each driver’s liability insurer pays its share of what its insured owes, up to policy limits. If the stopped driver was uninsured or the limits are low, your own uninsured and underinsured motorist coverage may apply. Medical payments coverage and health insurance can cover bills while fault is argued. When several people share fault, California divides non-economic damages by percentage under Proposition 51, which we explain in our guide to multi-car freeway crashes. Passengers in either car can usually claim against every driver who shares fault. For a related question about people who stop to help, see our guide on helping a stranded driver on a freeway.
Could Caltrans or another public agency be responsible?
Only if the road itself played a part, and it is a hard path. A public entity can be responsible for a dangerous condition of its property under Government Code section 835, but only if the condition created a substantial risk, the agency had notice or created it, and it caused the injury. Lighting, a blind curve, a closed shoulder or a missing barrier would be examples to investigate, not assumptions. Public entities also have defenses, including design immunity under section 830.6. Our guides on suing the government over a dangerous road and Caltrans lane closures explain the test in more detail.
What should you do if your own car stops on a freeway?
If it is safe, turn on your hazard lights, steer toward the right shoulder, and call 911 rather than standing in a lane. Getting out of the car and away from traffic can matter more than the car. These are common sense steps, not legal duties for every situation, and nobody should risk their life to save a vehicle. Insurers later ask what the driver did in the minutes after the engine failed, so write down the time, the lane and what you did as soon as you are safe.
What to save
- The CHP report number and the names of responding officers.
- Dashcam or phone video, and any footage from other drivers. Ask early.
- Photos of the scene in the same light, the curve, the lane markings, the signs and any lighting overhead.
- The vehicles themselves, where possible. Headlight, taillight and hazard switch positions, bulbs and event data recorders can show what was on.
- 911 call records and your phone log for the time of the crash.
- The names of witnesses, including anyone who tried to warn traffic.
- Medical records, bills and proof of lost income.
Vehicles are often towed and sold or crushed quickly. Tell your insurer in writing that the vehicle and its data should be preserved.
What are the deadlines?
- Two years for most injury lawsuits, under Code of Civil Procedure section 335.1.
- Six months for a written claim against a public entity, under Government Code section 911.2. If it has passed, read our guide on late claim applications and see our government claims page.
- Check your own policy for notice periods, and tell your insurer promptly.
Frequently asked questions
Am I automatically at fault if I hit a stopped car on a freeway?
No. A rear impact often leads to questions for the approaching driver, but California divides fault by percentage. A stopped car with no lights, or one stopped without a good reason, can share fault.
Can I still recover money if I was partly at fault?
Yes. Under California’s pure comparative fault rule, your recovery is reduced by your percentage of fault, but it is not barred unless you are found entirely at fault.
Is it illegal to stop on a California freeway?
Generally yes, unless stopping is necessary, such as for a mechanical breakdown or an emergency. Vehicle Code section 21718 sets the rule and its exceptions.
Can I sue Caltrans for a dark freeway curve?
Only if a dangerous condition of the road helped cause the crash and the legal elements are met. Caltrans can raise defenses such as design immunity, and a written claim is generally due within six months.
What evidence matters most?
Video, scene photos taken in similar light, the vehicles and their data, 911 records and witness names. Much of it disappears within days, so save it early.
How long do I have to file a claim?
Most California injury lawsuits must be filed within two years. A claim against a public entity generally needs a written claim within six months of the crash.
Talk to us
If you were hurt in a crash with a stopped or unlit vehicle, we are here to listen and explain your options. Win Attorneys is a California firm that represents injured people throughout the state. Talk to us at (562) 296-5380. We speak Spanish and Vietnamese.
Hablamos español. Chúng tôi nói tiếng Việt.
This article is general information and is not legal advice. Reading it does not create an attorney-client relationship.
Sources: Malibu.FM reported, Vehicle Code section 21718, Section 24250, Basic speed law, Evidence Code section 669, Government Code section 835, Section 830.6, Code of Civil Procedure section 335.1, Government Code section 911.2.