This case involves a man who was driving westbound, in the left lane, toward a small town on the highway. The highway had a posted speed limit of 45mph, with four lanes (two lanes running in each direction) and was separated by a paved median. A tropical storm had hit the area and the weather was rainy, dark, and visibility was low. There had been an accident in which another motorist lost control of her car, crossed the median, and collided with a tractor-trailer in the left lane of westbound traffic. The woman was standing in the median waving her hands. The man pulled his car over into the median three car lengths ahead of her car. He left his headlights on but did not turn on his emergency lights. The man walked back to the woman carrying a flashlight. At this time, another vehicle was traveling east in the left lane. This particular motorist saw headlights and thought there may have been an accident but he continued to travel in the left lane. The motorist swerved to avoid hitting the woman’s damaged car and upon doing so, struck the walking man with his car. The force of the accident threw the man 75 to 100 feet down the road. The man suffered a broken leg, a broken neck, broken ribs, and collapsed lungs. After the other motorist hit the man, the motorist did not stop and continued to drive. He eventually stopped at a gas station two miles down the road. The force of the collision dented the motorist’s front bumper, damaged the hood, crushed the windshield, and buckled the car’s roof.
