Hit a Parked Semi-Truck? The Trucker Could Be Liable

Attorney Grant Lawson | 888-634-7366 | Free Consult

“The only time that truckers are supposed to be stopping along the side of the road is in an absolute emergency condition that they can’t avoid.”

In the legal industry, a parked tractor-trailer on the side of the road is known as a sitting duck because it’s an easy target for those driving by. If you hit a parked semi-truck, can the truck driver or trucking company be held liable?

Grant Lawson is an injury attorney and partner with Metier Law Firm. He was recently elected president of the Wyoming Trial Lawyers Association, and he is based in Casper, Wyoming.

In this interview, he explains that the vast majority of accidents involving parked tractor-trailers involve fatalities. He offers safety tips for avoiding accidents and explains what to do if you’ve been injured or lost a loved one in a semi-truck accident.

To learn more, contact the attorney directly by calling 888-634-7366 or by submitting a contact form on this page. There is no charge for the consultation, and you never owe any out-of-pocket attorney fees.

Key Takeaways From Grant Lawson:

Trucks that are stopped along the side of a road or highway are referred to as “sitting ducks”. Not only can it be easy for unaware drivers to crash into these enormous vehicles, but even drivers paying attention may struggle to give these large trucks a safe amount of room. This unfortunately invites collisions, usually resulting in fatalities. This is why truck drivers are required to do whatever they can to avoid stopping on the side of the highway unless in an absolute emergency.

Truck drivers experiencing extreme fatigue and pulling over to the side of the road is a common cause for these accidents.

This is prohibited by the Federal Motor Carrier Safety Regulations as well as the CDL license guidelines that truck drivers operate under. Truck drivers are supposed to follow hours-of-service rules in the first place to prevent from becoming over-fatigued while driving in the first place. Unfortunately, trucking companies may pressure their drivers to forego mandatory rest breaks in order to keep the truck on the road as much as possible in the interest of increasing profits.

Liability can be hard to determine in these kinds of accidents.

It requires thorough investigation to decide who is at fault in an accident like this. With trucking companies, drivers, and third-parties involved, liability could sit with more than one party. Truck accident attorneys have access to the resources necessary to gather evidence in these situations.

For example, an attorney may pull data from the tracking module in a truck’s cab to determine what the driver’s course of action was before and after the accident, and may investigate a trucker’s driving logs to determine whether hours-of-service rules had been violated, resulting in the need to pull over. Similarly, if a truck did not have the necessary reflective tape on the back of the vehicle and/or did not have their hazards on, this could increase liability for the responsible party.

Truck drivers are required to take specific safety measures when pulling over on the side of the road.

This includes immediately setting out safety triangles around the stopped semi-truck. These triangles are bright and reflective, intended to give driver’s as much of a warning about the stopped vehicle as possible, while providing a generous berth around the truck. If a truck driver fails to take the necessary steps to give adequate notice to other drivers, especially at night, they could be considered liable for any resulting accidents.

Drivers are encouraged to slow down if they see reflective triangles, hazard lights, or a stopped truck on the side of the highway.

It is important for drivers to know what to do if they came across a “sitting duck”. It’s important to slow down and give the truck as much space as possible by merging into the far left lane if possible. Drivers need to remain aware of their surroundings at all times, but especially so at night, and stay on the lookout for any kind of obstacle on the edge of the road. If you or a loved one were injured or killed in an accident with a parked 18-wheeler, contact a truck accident attorney to discuss your situation and discover if you and your family may be eligible for compensation.

To learn more, contact Grant Lawson directly by calling 888-634-7366 or by submitting a contact form on this page. There is no charge for the consultation, and you never owe any out-of-pocket attorney fees.

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.