The chain of events leading to the accident began when Richard Fralick’s Subaru broke down on the northbound lanes of Interstate 25 in New Mexico. Fralick moved the vehicle to an emergency crossover between the northbound and southbound lanes. His passenger, William Westuk, later left the vehicle and attempted to flag down motorists on the southbound lanes. As Mazur approached in the Land Cruiser, she swerved to avoid Westuk, lost control, and the vehicle rolled multiple times, injuring both plaintiffs.