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With the vast number of commercial vehicles like 18-wheelers, big rigs, semi trucks, or tractor-trailers, many long-haul truckers need to pull off the road either to check their load, check out problems, or park to sleep and rest, increasing the risk of accidents with parked trucks. Unfortunately, truck drivers often do not comply with the rules that apply to parking a truck.
Many very serious accidents occur when an unsuspecting motorist runs into the back of an illegally parked truck tractor-trailer. There are many instances in which a truck driver is required to pull off the road, such as in hazardous driving conditions, which can lead to accidents with trucks parked unsafely.
Stop vehicles are covered under subpart C of section 392.22 of the Federal Motor Carrier Safety Regulations. Whenever a big rig is stopped on the traveled portion of the highway or even on the shoulder of the highway for any reason other than a necessary stop because of traffic, the truck driver is required to immediately activate his warning signals, flashers and leave them on until after the driver has placed appropriate warning cones as required by the rules. Additionally, when the truck driver is retrieving, the warning comes, he must ensure that the signal flashers are again activated. Accidents involving parked trucks and motorists can often be traced back to non-compliance with these regulations.
The warning cones described by the safety regulations are to be placed in specific spots behind the big truck. The cone should be placed out on the highway behind the vehicle as soon as possible, but in no event longer than 10 minutes from the time the truck driver stopped. The first such warning device shall be placed about four paces behind the rear of the truck, the second about 40 steps from the rear of the truck, and a third code shall be placed as well.
The placement of the required warning cones or triangles is not specifically required when the truck is stopped within a business or residential district of a municipality, except at night. If the vehicle is stopped near a curve, the crest of a hill, or something that obstructs the view, the truck driver must place the warning device further back so it gives ample warning to other motorists on the highway. This helps in preventing accidents with trucks that are parked in such challenging locations.
Many rules apply to a truck driver for almost every situation that you can imagine that may create a dangerous condition. Stopped trucks can be extremely dangerous because the motorist is not expecting a vehicle to be stopped, and unless the flashers are activated, there is little warning for a driver to take action to avoid the truck parked on the highway. Many very serious injuries and even fatal accidents were caused by a truck illegally parked due to the failure of safety measures.
Not every truck parking accident is the fault of the truck driver. Many accidents occur because a motorist fails to pay adequate attention and fails to see the warning devices properly placed behind the truck. Nevertheless, whenever there is a very serious or fatal truck accident involving a parked truck, victims would be well advised to find the best truck accident attorney they can find to review the facts, especially in cases involving parked trucks.
Each year in Texas, there are hundreds of accidents caused by a truck parked on the highway or on the shoulder of the road. In one case we handled, because the big rig or the tractor-trailer can weigh up to 80,000 pounds, running into the back of the stopped truck actually killed the occupants of the passenger car running into the back of the big rig, and did not even awaken the truck driver sleeping in the cab. This unfortunate scenario highlights the severity of accidents with parked trucks.
CALL THE TEXAS TRUCK ACCIDENT LAW FIRM at 1-866-758-4529
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