It is not uncommon for large semi trucks to take refuge on a major highway shoulder. A tractor-trailer could have a flat tire, a mechanical issue, or the driver is trying to rest. Whatever the reason, trucks on the side of the road increase the possibility for a serious roadside collision. As truck accident attorneys, we strive to hold those accountable for the injuries you experienced.
If you or a loved one suffered harm or financial repercussions due to an accident with a truck on a highway shoulder or ramp, reach out to our firm to plan your next steps.
A Truck’s Use of Highway Shoulders and Ramps
Every major U.S. highway is equipped with shoulders to help with emergency situations. Entrance ramps are important to help drivers entering the highway to increase speed to match the speed limits, while exit ramps assist drivers to safely depart the highway. Drivers who stop on a highway shoulder or ramp must only do so in an emergency situation and immediately turn on their emergency flashers. If cars or trucks do not turn them on, they increase their risk for a roadside collision.
Trucking Laws for Parking on the Side of the Road
Truck drivers may pull over for a long list of reasons. Some of the most common are fatigue, checking cargo, mechanical issues or failures, maximizing their driving hours, lack of parking space in rest areas and more.
According to the Federal Motor Carrier Safety Administration (FMCSA), if a truck is stopped on a highway or shoulder, unless for traffic, it must take the following actions:
- Immediately turning on hazard warning system, including hazard lights;
- Placing warning devices (flares or reflective warning triangles) in 3 locations within 10 minutes of pulling over; and
- Keeping the warnings up until the truck leaves the shoulder in order to avoid a roadside collision.
In addition, when a truck driver is returning to the road, it is important to make sure they are using the proper turn signals and have adequate space, speed and time to merge onto the highway. Failure to do so may result in a catastrophic trucking accident .
Accidents Caused by Parked Trucks
Parking a truck on a highway shoulder, on a ramp, or on the side of any other roadway has a higher risk than parking at a designated rest area or other parking lot. Some of the most common accidents caused by trucks parking on the side of a road include:
- Rear end roadside collisions. If a truck does not properly turn on or place their emergency devices onto the road, a smaller car or another truck may not see them and hit the stopped truck head on.
- Underrides. If a smaller car is coming too fast on or off a ramp and does not see the parked truck, they may wedge themselves beneath the truck. This causes massive devastation for smaller cars.
- Sideswipes. If the truck is not pulled all the way over onto the highway shoulder, another car or truck passing by may not have enough time to move over and swipe the side of the parked truck.
Spotting Truck Driver Negligence
In many cases, truck drivers who park on the side of the road are not abiding by road laws. Tractor-trailer drivers should only park on a highway shoulder or another roadside area if there is an emergency. If they negligently park on the side of a road and it results in an accident, they may be held responsible for your injuries and damages.
An experienced trucking attorney will help you analyze the accident and determine if the truck driver improperly stopped and failed to take the necessary steps to warn other drivers with emergency lights or flares. In order to prove the driver was negligent in your case, attorneys will help you determine if:
- The truck driver had a duty of care;
- They breached the duty of care by negligently parking or stopping on the roadway;
- The negligent parking caused your roadside collision; and
- You have a substantial amount of damages such as medical expenses, lost wages, emotional trauma and other losses.
Contact MHM to Navigate Your Roadside Collision
If you experienced a catastrophic accident because a truck was parked on the side of a road or highway, the attorneys at MHM are ready to help you obtain justice for your injuries. Contact our firm for a free consultation today!