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By Greg Baumgartner, Texas truck accident lawyer
A truck driver or trucking company may share fault if a stopped 18-wheeler blocked part of a lane or left approaching drivers with too little warning. If you hit a parked truck, start with three questions. Where was the trailer before impact? Why did the truck stop there? How far away could you see it?
My first truck accident case, in 1985, involved a fatal crash with a parked 18-wheeler. The driver on our side had been drinking. We investigated where the truck had stopped and pursued evidence that it was parked illegally, with part of the rig on the highway. The insurer settled shortly before trial.
That case shaped how I look at rear-end crashes. I want to know what each driver could have done to prevent the collision. The trailer’s position can be as important as the conduct of the person who hit it. I discuss the case in more detail in my guide to Texas truck crash claims.
Our client was driving on a major Texas highway. An 18-wheeler had parked right at an intersection, blocking our client’s view and the view of motorists trying to enter the highway. Another driver pulled out into our client’s path, causing a serious collision.
We filed suit, alleging that the truck driver parked the rig improperly and that the blocked view caused the crash. The case settled before trial for a confidential amount.
A blown tire can force an immediate stop. A driver who pulls over to rest or check directions may have time to choose a safer place. A narrow shoulder can leave part of a trailer in a traffic lane. A curve or hill can hide the truck until an approaching driver is close.
Texas generally restricts stopping in a travel lane outside a business or residential district. Under the general rule, stopping there is allowed only if getting out of the lane is impractical, there is room for other vehicles to pass, and the stopped vehicle is visible for at least 200 feet in both directions. A disabled vehicle can qualify for an exception if stopping and leaving it there temporarily was unavoidable. See Texas Transportation Code § 545.301.
On October 25, 2012, a truck driver pulled over on US 59 near the Grand Parkway in Sugar Land. He was checking the rig with a flashlight when a southbound car struck and killed him. Authorities said the reason he pulled over was unclear. See the original Houston Chronicle report.
When a driver is struck outside the cab, I’d want to know where the person was standing, how much space the shoulder provided, and what the passing driver could see. A family looking into a similar crash can read about legal options after a fatal truck accident.
When a commercial truck stops in a highway lane or on the shoulder for a reason other than a necessary traffic stop, the driver must turn on the hazard lights right away. Where warning devices are required, the driver must set them out as soon as possible and within 10 minutes, keeping the flashers on until the devices are in place. See 49 CFR § 392.22.
On a divided or one-way highway, two devices generally go 100 and 200 feet toward approaching traffic, centered in the lane or shoulder the truck occupies. A third goes on the traffic side of the rig within 10 feet of its rear. On a typical two-way road, one goes about 10 feet from the truck on the traffic side toward approaching traffic. Two more go about 100 feet from the truck, one in each direction.
If a curve, hillcrest, or other obstruction is within 500 feet of the truck, the rule calls for a device 100 to 500 feet toward the obstruction. There is also a special rule for municipal business and residential districts that depends on whether lights are required and how far away the truck can be seen.
I look for photos and video showing where the truck’s wheels and trailer sat relative to the shoulder line. The truck may have moved in the crash or during cleanup. Debris, tire marks, and tow operator photos can help reconstruct its earlier position. Start by getting the Texas truck crash report.
If a driver reports a breakdown, I compare that account with repair records and dispatch messages. GPS records, dashcam footage, and 911 calls may help establish how long the truck was stopped. A witness who passed before the crash may be able to say when the flashers came on or whether warning triangles were in place.
I want to see the road from the approaching driver’s point of view. Lighting, rain, the road’s curve, and the trailer’s reflective markings can change when it first becomes visible. Daylight photos may miss conditions that mattered at the time of the crash.
In Texas negligence cases governed by Chapter 33, you can recover if you are 50 percent or less at fault and otherwise prove your claim. Your share of fault reduces your damages. If you are more than 50 percent responsible, the law bars recovery. For example, 20 percent fault reduces $100,000 in damages to $80,000 before other adjustments. See Texas Civil Practice and Remedies Code §§ 33.001 and 33.012.
If the insurer says you were speeding or distracted, ask what evidence supports that claim. I also look at the company’s role. For instance, maintenance records may show whether the company knew about a problem that forced the driver to stop.
Call 911, stay clear of traffic, and get medical care. From a safe place, save any dashcam footage, photos, and witness contact information. Keep the original files. Early requests for video and trucking records matter because companies may routinely overwrite or discard them. See what to do after an 18-wheeler crash in Texas.
Fault can be shared. The truck’s position, the warnings in place, and each driver’s actions all help determine who contributed to the crash.
Possibly. The shoulder’s width, whether the trailer stuck into a lane, and the warnings the driver gave can all matter. If the truck broke down, look at whether the stop was unavoidable and what the driver did afterward.
Dashcam or traffic video, witness accounts, and the officer’s scene diagram may help establish where it was. The tow company may also have photos from before it moved the rig.
If you were seriously injured or lost a family member in a Texas crash involving a stopped truck, call Baumgartner Law Firm at (281) 893-0760 or request a free consultation. Tell me where the truck stopped and what you know about the warning lights or triangles. Those details give us a place to start.
