“Sitting Duck” Trucking Accidents

When was the last time you saw a tractor-trailer parked on the shoulder of the road or in the emergency lane on the interstate?

Personally, I can’t remember the last time I drove for any significant amount of time without seeing at least one tractor-trailer parked on the side of the highway or on the side of an on-ramp or off-ramp. Unfortunately, more often than not, the commercial trucks I see parked on the shoulder do not have safety triangles or flares deployed; or if they do, they are not deployed improperly.

When a semi-truck parks on the shoulder, federal and state regulations require them to take certain steps to increase their visibility and reduce the risk of a collision.

Federal safety regulations (which have largely been adopted and codified by the states) require that whenever a commercial motor vehicle is stopped upon the traveled portion of a highway or the shoulder of a highway, the driver of that vehicle must immediately activate their hazards and deploy warning devices (warning triangles, fuse flares, or liquid-burning flares) within ten minutes and in three specific locations. The first warning device must be placed approximately ten feet behind the tractor-trailer, one approximately one hundred feet behind the tractor trailer, and one approximately one hundred feet in front of the tractor-trailer.

These safety standards exist because the Federal Motor Carrier Safety Administration (“FMCSA”) and state lawmakers know that commercial trucks parked on the shoulder create a deadly hazard for other motorists – especially at night. According to the National HighwayTraffic Safety Administration (“NHTSA”) in 2022 alone, there were over eleven thousand fatal crashes involving vehicles parked on the roadside, shoulder, or median on American roadways.

This is why many in the trucking industry refer to semi-trucks parked on the shoulder as “sitting ducks” and many trucking companies forbid their drivers from parking or stopping on the shoulder or emergency lane of any highway unless their vehicle is completely broken down and cannot move under its own power.

If a truck is parked on the side of the highway for non-emergent purposes or if they do not have the required warning devices deployed (or deployed properly) and a collision occurs the truck driver and the trucking company may be liable for the injuries, damage, or death that occurs as a result.

If you or a loved one have been injured in a collision with a tractor-trailer parked on the shoulder of a highway, you should contact an experienced trucking attorney as soon as possible. Connect with Altizer Law to ensure your claim is managed with the attention and experience it deserves. Dial 540.345.2000 or contact us today to start your journey towards fair compensation.