Accidents Caused By Semi-Trucks Parking On The Shoulder Of The Road
Truck drivers’ shifts are typically long, and to ensure road safety, the Federal Motor Carrier Safety Administration (FMCSA) has established mandatory breaks in its regulations, including a 30-minute break when driving for eight consecutive hours. Because of this, and due to other reasons such as checking cargo or handling a mechanical fault, truck drivers may park at the side of the road, which can sometimes result in severe accidents, especially when trucks stop inappropriately. Find out about the accidents caused by semi-trucks parking on the side of the road, and get a seasoned Louisiana truck accident attorney to review your case by calling Louisiana Law Lady at (504) 470-3511.
What Is the Most Common Cause of Truck Accidents?
Truck accidents can arise from the actions or inactions of truck drivers or other motorists, vehicle-related problems, environmental factors, and other reasons stemming from trucking companies. In the case of driver-related causes, these include driver fatigue, driving while intoxicated, distracted or reckless driving, improper cargo loading, and failing to effectively maintain vehicles. The other causes involve poor road conditions, adverse weather, inadequate driver training, and pressure placed on truck drivers from their employers to transport cargo quickly.
What Is the Law Concerning Semi-Trucks Parking on the Shoulder of the Road?
No vehicles, especially large semi-trucks, may park on the shoulder of a road, with the exception of emergency use. According to 49 CFR 392.22, in emergencies, truck drivers must follow other rules to stop on this section of the road legally, as outlined below.
Switch on Hazard Signals
If a truck driver has to stop their truck on a highway or other road due to an emergency (for instance, mechanical failure), the trucker has to immediately switch on the vehicle’s hazard signals. These signals must stay on throughout the entire stopping period until the trucker removes the placed warning devices, just before moving the truck.
Establish Warning Devices
After switching on the vehicle’s hazard signals, and no later than 10 minutes after stopping on the roadway’s shoulder, the trucker must set up warning devices, like flares or reflective triangles, in certain locations. These include 100 feet away from the vehicle in the shoulder’s center toward oncoming traffic, 10 feet toward the direction away from oncoming traffic, and on the traffic side, 100 feet away from the vehicle toward oncoming traffic.
An extra warning device placed between 100 and 500 feet away from the vehicle in the obstruction’s direction is necessary if the trucker stops on a road’s shoulder within 500 feet of a visual obstruction, such as a hill or curve. If the vehicle is leaking fluid, the driver should not utilize a warning device emitting any type of flame.
Why Do Truck Drivers Illegally Park on Road Shoulders?
One reason why truck drivers park on road shoulders is due to mandatory rest breaks and insufficient space to stop in designated areas. However, these types of stops place themselves and other road users at risk of accidents, many of which can be fatal. Truck drivers may avoid this danger and possible traffic violations by effectively planning their routes, taking into consideration rest stop locations and traffic flow; if an accident occurs because a truck driver has illegally parked on the shoulder of the road, the trucker could be liable for any damages that arise.
Learn more about accidents caused by semi-trucks parking on the shoulder of the road, and find out how an experienced Louisiana truck accident lawyer can aid victims of these incidents. Contact Louisiana Law Lady today to organize a confidential consultation.
How To Prove Negligence in a Truck Accident
To identify whether a truck driver is liable for an accident involving a truck parked on the shoulder of a road, it is necessary to establish that the trucker stopped on the road’s shoulder in a non-emergency situation and did not warn other motorists with warning devices and hazard lights. As with all personal injury claims, proving the other elements of negligence is also a requirement. This includes determining that the trucker owed a duty of care to the injured party, that the trucker breached this duty by parking on the road’s shoulder, that this breach resulted in the accident and the injured party’s injuries, and that the injured party incurred losses, such as medical bills and other damages.
What Injuries Can Arise From Parked Semi-Truck Accidents?
While colliding with a parked truck or a truck slowly re-entering a roadway can be less severe than collisions between vehicles moving at speed, this type of incident can still cause significant damage and injuries. Often, these accidents occur on freeways, where the moving vehicle could be driving at 75 miles per hour or greater, and colliding with any stopped object at this speed is dangerous, particularly when that object is very large and heavy, such as a commercial truck, and the moving vehicle is much smaller (for instance, a small car).
People are frequently killed in these types of accidents, especially people riding on the passenger side of the vehicle. If people are fortunate enough to survive, one common injury that can arise from these incidents, ranging from having a minor to severe impact on bodily function, is a brain injury, stemming from a sudden and severe force exerted on the head, which leads to the brain moving inside the skill. Other types of injuries sustained in this kind of accident include neck and back injuries, lacerations, spinal injuries, burns, fractures, and damaged limbs requiring amputation.
How Much Are Most Truck Accident Settlements?
The initial step toward obtaining compensation in a parked truck accident is typically via insurance, with the aim of agreeing on a settlement with the insurer of the trucker, trucking company, or other liable party. Most settlements involving truck accidents amount to tens of thousands of dollars, but this can reach hundreds of thousands and even millions depending on several factors. For instance, the extent of property damage and injury severity can impact settlement amounts, as well as whether the fault lies directly with a trucker or trucking company or whether multiple parties are liable (including the plaintiff themselves), in addition to levels of lost income and the medical expenses incurred as a result of the incident.
Sometimes, achieving a settlement during the claim phase is not possible, in which case the next step involves potentially filing a lawsuit. If successful, the plaintiff could recover damages to cover their medical expenses, lost wages, reduced earning capacity, pain and suffering, and rehabilitation, among other losses.
Speak to a Louisiana Trucking Accident Lawyer To Find Out More
Road shoulder stops are for emergencies only, applying to both truck drivers and passenger vehicle motorists, and when a large truck makes such a stop unnecessarily, this can lead to devastating consequences, particularly in times of poor weather conditions or reduced visibility or during a truck’s attempt to rejoin the road. Often, these collisions are more deadly to non-truck drivers due to the weight and size of commercial trucks, as highlighted by the Insurance Institute for Highway Safety (IIHS). Those who have suffered injuries or financial losses due to semi-trucks parking on the road’s shoulder may want to consider reaching out to a knowledgeable Louisiana trucking accident lawyer; call Louisiana Law Lady today at (504) 470-3511 to discuss your legal requirements.