Truck drivers are legally obligated to park their vehicles in such a way that it doesn’t cause an accident. Unfortunately, too many truck operators cut corners in a bid to maximize delivery time. There is often mounting pressure on truck drivers to ship goods in an unrealistic amount of time.
You shouldn’t have to suffer the consequences of a serious accident just because a truck was dangerously parked by a negligent driver and a trucking company. It’s prudent to consult with a truck accident attorney as soon as possible to learn about your legal rights to financial compensation for your injuries and losses.
Liability of a Truck Driver in California
Truck drivers are to be blamed in most cases for an accident. Being a long-haul driver is a both demanding and tiresome job. The most cautious and exceptional drivers may end up making mistakes as a result of fatigue. They may try to speed up delivery times and cut corners to that effect. Such negligent mistakes and acts can threaten the lives of others on the road.
Truck drivers routinely make these common parking mistakes on California highways that cause a crash:
- Parking in prohibited areas, such as residential neighborhoods
- Parking without adequate warning lights
- Parking next to intersection exits
- Parking on the shoulder with a part of the truck sticking dangerously out on the road
The financial liability for the truck accident may solely lie on the truck operator or the trucking company. An experienced and resourceful truck accident attorney will try to identify whether the driver violated any municipal, state, or federal laws for maximizing your compensation.
Parking Violations are Not Strictly Forbidden
Such type of parking may be prohibited by local ordinance and law. However, they are not strictly forbidden by FMCSR (Federal Motor Carrier Safety Regulations).
These are the rules that all truckers and trucking companies across the country are required to follow. However, just because the FMCSR is silent on this type of activity doesn’t mean that it is not dangerous. Further, silence doesn’t preclude the actions from being on a recovery basis.
For instance, parking a rolling billboard near an intersection even if on the shoulder of the highway will be seen as dangerous by any reasonable person. This is more than negligence.
It is pure recklessness on part of the driver and company. The fact becomes egregious when you realize that parking in that spot did not serve any purpose except to be convenient for the driver.
Additionally, the FMCSR doesn’t necessarily prohibit such parking activities. However, it does dictate the actions that drivers should take while stopping on the shoulder or on a roadway. 49 CFR 392.22 of the FMCSA regulations state that commercial vehicle drivers when stopping a truck on the shoulder or traveling portion of a highway are required to:
- Turn on the vehicular warning signal flashers. These signals should be used till warning devices can be put in place by the driver.
- Place reflective triangles, flares, and other warning devices around the truck for enhancing other roadway users’ recognition of the parked truck as a potential hazard. This should be completed within 10 minutes of stopping the truck.
Large trucks when parked along the side of a roadway pose unique dangers. This is why several trucking companies have adopted policies specifically forbidding such activity. You may have an additional basis for recovery if the trucking company fails to adopt such policies.
Building a Strong Compensation Claim in Dangerously Parked Trucks
Keep in mind that accident reports seldom provide an accurate account of what truly caused the accident. If you or someone you love was involved in an accident with a dangerously parked truck, you should identify the causes behind the accident. There is a high possibility that the authorities may overlook the incorrectly parked truck as the primary cause of the accident.
The first step to building a strong compensation claim is to discover all dangerous acts that may have caused the accident. This is where you may need to consult with an experienced law firm.
They will have the necessary resources to undertake an investigation into the cause of the accident. In fact, you may not even be completely aware of your legal rights and potential claim.
The law firm will thoroughly investigate the accident and its causes for determining all responsible parties. In the case of a parked truck, they will identify why the truck driver stopped, the location of the parked truck, and whether the driver followed all relevant and applicable safety guidelines.
It can be difficult to pursue justice against large insurance and trucking companies. Well-established law firms will lend the necessary credibility to your case to make insurance adjusters take you seriously.
Speak With an Experienced Truck Accident Attorney in Southern California Today
Injuries sustained from trucking accidents can be significant and painful. Because of the large size of the truck, these accidents can result in devastating consequences. You need an attorney that understands what you are going through and has the skills and resources to fight for maximum compensation on your behalf.
The proven and considerate attorneys at Garmo & Garmo, LLP have helped many truck accident injury victims obtain substantial recovery. Schedule your free and confidential consultation with us today. Give us a call at 619-897-2144 or write to us online.