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The Federal Motor Carrier Safety Regulations provide instruction to truck drivers and how to stop their vehicle whether on the highway or on the shoulder of the road. The relevant section is 392.22 entitled Emergency Signals, the regulations provide:
“Whenever a commercial motor vehicle is stopped on the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops, the driver of the stopped commercial motor vehicle shall immediately activate the vehicle or hazard warning signal flashers and continue the flashing until the driver places the warning devices require…”
The regulations go on to indicate that the truck driver shall as soon as possible but in any event within 10 minutes place the warning devices such as triangles in the appropriate manner behind the big truck.
There are a few exceptions to the placement of the warning devices and the largest of the exceptions is that placement of warning devices is not required within the business or residential district of the municipality except when headlights would be required.
The regulations are designed to protect the public from a stopped truck that appears to have been moving or that does not give adequate warning to vehicles behind it that it is stopped. There have been many instances where a truck driver has been hit from the rear and the truck driver unaware that an accident even took place. In fact, there are many fatal car accidents that have occurred in this manner.
Whether or not a truck has been parked legally or illegally can be a significant difference in holding a truck driver for a trucking company accountable after a serious injury accident. Independent witnesses are extremely helpful when they can be located. Very infrequently will a truck driver testify against their own interests.
Professional truck drivers are further protective of their profession in trying to avoid responsibility after getting a ticket in order to protect their livelihood. Trucking companies do not hire truck drivers with bad driving records as evidence by traffic citations.
If you are loved one have been seriously injured in a truck accident look for the best truck accident attorney you can find as soon as possible after the wreck.
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