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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. Unfortunately, truck drivers often do not comply with the rules that apply to parking a truck.
Many very serious accidents happen 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.
Stop vehicles are covered under subpart C of section 392.2 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 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.
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.
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 suspecting a vehicle to be stopped and unless the flashers are activated, there is no warning or 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 because a truck was illegally parked.
Not every truck parking accident is the fault of the truck driver. Many accidents occur because a motorist does not pay adequate attention and does not 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.
Each year in the state of Texas, there are hundreds of accidents caused by a truck parked on the highway or on the shoulder of the road. 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.
CALL THE TEXAS TRUCK ACCIDENT LAW FIRM at 1-866-758-4529
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