Commercial trucking is an extremely important part of our local state economies as semi-trucks, tractor-trailers, big rigs, and 18-wheelers move all sorts of cargo and freight through our “Crossroads of America.” It is also one of the most dangerous industries for workers in Indiana and Illinois, where truck drivers and those sharing the roads with them face an unacceptably high risk of serious injury or death in a severe truck crash.
For more, read Shocking New Fatal Crash Statistics: 52% Jump in Deadly Commercial Truck Crashes and What Is The Most Dangerous Job in Indiana and Illinois?
Usually, when considering these types of motor vehicle accidents, people think of moving collisions where fatalities can happen even when the semi-truck is moving at a relatively low rate of speed. This is due to the great differences in weight, size, and ease of movement between the large commercial truck and almost every other type of vehicle being driven alongside it. See, Semi-Truck Crashes: Why Tractor-Trailer Trucks Are So Dangerous.
The risk of fatal semi-truck crashes is not limited to these types of accidents, however. Sadly, all too often there are collisions where motorists hit a large truck that is stopped or parked on the side of the road with deadly consequences.
Serious Truck Accidents Where Semi is Not Moving on Side of the Road
Truckers may have to come to a halt on the shoulder of a highway or to pull off of a rural road for many reasons. Any driver here on our local Indiana interstates has seen big rigs at a standstill on the road’s shoulder. Why is the truck not moving along with its cargo? There can be several reasons:
- Maybe the truck tires or brakes are malfunctioning or there is a problem with the load, and the truck driver needs to halt progress and check on things.
- Perhaps the tractor-trailer is disabled, forcing the trucker to stop, call in for help, and patiently wait for a tow truck to come.
- In some situations, the truck driver is exhausted and it is too dangerous for the trucker to continue without some rest even though there are no truck parking options available.
Whatever the reason, anytime a large commercial truck is stopped near any lane of traffic there is the risk of crash with other vehicles on the roadway.
Federal Regulations Regarding Trucks Parked or Stopped on the Roadside
The federal government has established safety regulations overseen by the Federal Motor Carrier Safety Administration (“FMCSA”) that seek to protect truck drivers, their occupants, and others on the road from being involved in a collision with a truck parked or stopped on the roadside. They include:
- 49 CFR § 392.3 which states that “No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle. However, in a case of grave emergency where the hazard to occupants of the commercial motor vehicle or other users of the highway would be increased by compliance with this section, the driver may continue to operate the commercial motor vehicle to the nearest place at which that hazard is removed.”
Note that this regulation allows the trucker to operate the vehicle to the nearest place where the “hazard” of being ill or fatigued can be addressed, which may mean pulling over on the side of the road.
- 49 CFR § 392.22 where all commercial trucks that are “…stopped upon the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops … shall immediately activate the vehicular hazard warning signal flashers and continue the flashing until the driver places … warning devices warning devices required by § 49 CFR § 393.95 [ which include fuses and flares at set intervals (e.g., 10 feet, 100 feet].”
Here, this regulation requires the trucker to set up clear warnings to approaching traffic immediately upon stopping or parking the rig that includes the vehicle’s own traffic signals as well as things like setting off flares and fuses.
Liability for Semi-Truck Crashes Where Truck is Parked or Stopped on the Shoulder
When a commercial truck driver pulls the big rig over to the shoulder and comes to a halt, the possibility of a serious crash escalates. If there is a catastrophic truck crash with a semi-truck parked on the side of the road, then both the trucking company and the trucker may have legal liability for the accident and its consequences.
- If the trucker fails to comply with federal regulations regarding emergency situations (as shown above), then the truck driver may be held legally liable for the crash.
- If the truck or its load contributed to the situation, then the trucking company as well as any third parties involved in loading the cargo or freight onto the truck may also be liable for the parked rig collision.
Today’s reality is that truckers are being forced into dangerous parking situations because of inadequate parking available on our roadways and the need to meet current Hours of Service (HOS) rules. In an attempt to avoid a drowsy driving accident, the parked semi-truck may still be at high risk for a fatality. Read, Dangerous Truck Parking Crisis: Truckers Demand Federal Action.
Claims for Justice in the Aftermath of a Serious Semi-Truck Crash with a Parked Truck
The volume of commercial truck traffic is much higher here in Indiana and Illinois than it is in other parts of the country. Accordingly, there are many times where motorists will be riding along our roads and highways and have to pass alongside a stationary semi-truck. Hopefully, that big rig has all the necessary warnings in place to allow drivers to maneuver well out of the way of the parked truck.
Sadly, there will be times when drivers fail to heed those warnings until too late, or occasions where the trucker has not complied with the warning regulations. In these instances, any passenger vehicle that strikes the back or side of the stopped truck risks serious or fatal injuries of the vehicle’s occupants as well as the trucker. Even though the large truck is not moving, the impact of the smaller car, pickup, minivan, or SUV hitting that rig with any force can have tragic consequences. For more, read our earlier discussion in Truck Parking and Fatal Semi Truck Crashes.
There will also be situations where the motorist will have been negligent and found to have been the reason for the accident. See, e.g., Speeding Causes Almost Half of All Fatal Car Crashes in Illinois (Around 25% in Indiana); Speeding and Serious or Fatal Semi-Truck Crashes in Illinois or Indiana; and Fatal Truck Crashes: Will Congress Pass the Stop Underrides Act?
Each of these cases must be independently investigated by the accident victim to learn the reasons for the truck being stopped on the roadside and why the crash occurred. Accident investigations will need to include things like measurements of skid marks; confirmation of flare burns on the tarmac; examination of tire treads on the moving vehicle; evaluation of the condition of the truck and its load; and more. Weather conditions must be considered. Whether or not the motorist or the trucker tested positive for driving under the influence will be confirmed. Police statements as well as statements from witnesses at the scene must be gathered.
After a thorough investigation, the victims of the parked truck crash may well find that the failure of the semi-truck to be parked at a designated truck stop or rest area forms the basis for the trucking company and other parties to be legally responsible for the collision damages, such as medical expenses, physical rehabilitation and therapy, pain and suffering, lost wages, lost earning capacity, and more.
For more on semi-truck crashes, read:
- The Dangers of Aggressive Driving: Following Too Close Behind
- Trucking Companies Liable for Semi-Truck Crashes in Indiana and Illinois
- Semi-Truck Crashes: Who Can Be Held Legally Responsible for Commercial Trucking Accidents in Indiana and Illinois?
- Trial Tactics for Plaintiff Semi-Truck Accident Claims: a Practical Guide from Investigation to Trial.
If you or a loved one has been involved in a large truck collision where the truck was sitting on the side of the road and the time of the crash, then there may be legal avenues for relief available to you. Please be careful out there!
