Chain-Reaction Liability: Maximizing Your Recovery After a Secondary Crash

If you’re involved in a vehicle accident in Kentucky, your ordeal may not end with the initial crash. A second threat, a secondary accident, may strike within seconds, putting you, your passengers, and first responders at serious risk.

Satterley & Kelley, PLLC lawyers have the knowledge and experience to take on insurance companies and win. We represent severely injured victims throughout Kentucky who seek compensation for injuries caused in vehicle accidents. Call us toll-free at 855-385-9532 to learn more.

What Is a Secondary Accident?

A secondary accident is a crash that occurs as a result of an earlier, primary accident. An accident can cause driver distractions and create traffic jams in both directions, leading to secondary crashes on any roadway.

The primary crash need not block lanes or involve injuries. It only needs to distract others and cause another accident. Injuries in a secondary collision can be worse than those in the first.

Secondary crashes place anyone in the area at risk: motorists, pedestrians, bicyclists, motorcyclists, and incident responders. In October 2024, in Colorado, Golden Police Officer Evan Dunn was killed when an impaired driver plowed into a crash scene he was managing. A fellow officer was also severely injured.

Secondary crashes are far more common than you might think.

• National research findings show that secondary crashes are about 20% of all crashes and 18% of all fatalities on freeways
• Another study estimates that 9.2% of all vehicle crashes are secondary to another

Traffic jams around accidents aren’t cleared just to get traffic moving normally again. It’s to prevent secondary accidents.

What am I Required to Do If I’m Involved in an Accident?

Kentucky law puts a legal duty on drivers to protect others at crash scenes. Kentucky statute KRS 189.580 states you must move your damaged vehicle off the roadway to a place as close to the crash scene as practical without blocking traffic as soon as possible without risking further injury or damage.

What Should I Do After a Crash to Prevent a Secondary Accident?

Your actions after a crash can mean the difference between safety and a second, possibly fatal collision. This is what you should do, if you can, and it’s safe given the traffic conditions:

• Activate your hazard lights, especially if the accident occurs in low-visibility conditions. This is the most important step you can take to warn approaching drivers
• Move your vehicle out of the travel lane if it’s drivable. You should pull off to the shoulder or a clear area after a crash so you won’t block traffic and can reduce the risk of a secondary accident
• Get yourself and your passengers away from the road. Don’t stand next to or behind your vehicle in a travel lane. If there is a guardrail or barrier nearby, move behind it
• Call 911 promptly if someone is injured or vehicles can’t be cleared from travel lanes. The faster law enforcement arrives, the sooner traffic can be managed, the lower the risk for a secondary accident

If you fail to take steps required by state law and common sense and a secondary accident takes place due to your lack of action, you may be liable for another person’s injuries or death.

How Would a Secondary Accident Affect My Compensation Claim?

If you are injured in a secondary accident, you may have legal claims against multiple parties. It’s possible you could be uninjured in the first accident but injured if you’re struck by wreckage in the secondary accident.

Who is responsible for what injury depends on the evidence in your case and applicable law. If another driver is at fault for your first injury, the person is responsible for having you stuck at the crash scene when you’re injured again in the secondary crash. They might be blamed for your injuries caused by the secondary crash.

Often, secondary crashes are the result of speeding, distracted, or intoxicated drivers. They reach the crash scene and are unable to handle it safely. If the traffic line is long, an impatient driver may cut off another driver or drive through a closed lane to get ahead, causing an accident.

Local responders may not properly and safely set up the accident scene, creating confusion among drivers. This could set the stage for drivers doing their best but ending up in a secondary accident.

A secondary accident may be relatively simple or complex, depending on what happened, why, and how. If you’re injured as a result, these are the types of accidents where legal representation can be critical, because there could be several factual and legal strings that need to be untangled. Trying to do that yourself could be a long and frustrating effort that could result in a much lower recovery than you deserve. 

Speak To A Satterley & Kelley, PLLC Car Accident Injury Lawyer Today 

If you’re the victim of an accident caused by an unrepaired, recalled vehicle, Satterley & Kelley, PLLC lawyers can protect your interests and rights to compensation. Schedule a free initial consultation to discuss your case. 

Call our Louisville office at 502-589-5600 (toll-free at 855-385-9532) or contact us online if it’s more convenient.