Truck drivers sometimes park large commercial trucks on the side of the road so they can get rest in the sleeper berth or take a break. If a truck driver fails to pull far enough over to the side of the shoulder, the trailer or truck bed may stick out into the road. This could cause a collision involving a motor vehicle crashing into the truck or trailer.
Parking Regulations for Commercial Trucks
The trucking industry has numerous laws and regulations in place to help protect public safety. This includes rules for where truck drivers can park commercial trucks. The Federal Motor Carrier Safety Administration (FMCSA) enforces federal laws pertaining to how truck drivers must stop and park their big rigs. The Code of Federal Regulations (49 CFR 392.22) states that a commercial motor vehicle may only be parked on the side of the road or the shoulder of a highway if certain rules are followed:
- The trailer’s hazard lights (signal flashers) must be turned on immediately and remain in place until a warning device has been placed on the traffic side of the road. This must be done no later than 10 minutes after stopping on the shoulder.
- The truck driver must place warning devices – which may include red flags, reflective triangles, fuses or liquid-burning flares – four paces from the truck on the side facing traffic, 40 paces from the truck in the center of the shoulder and 40 paces in the direction away from oncoming traffic.
- If the truck has stopped on a shoulder that is within 500 feet of a hill, curve or another type of obstruction, the truck driver must place a warning signal in the direction of the obstruction at a distance of 100 to 500 feet from the truck.
A truck driver may only park on the shoulder of a road if these requirements are met. If the truck driver stops too close to the road, partially in the road or does not take the proper steps to warn other drivers of the truck’s presence, this could result in a collision. The truck driver or trucking company may be held liable (financially responsible) for injuries or deaths caused by the parked truck.
Dangerously Parked Trucks Can Cause Accidents
According to the Federal Highway Administration (FHA), there is an inadequate supply of truck parking spaces. This can lead to challenges for truck drivers in finding a safe place to stop or rest. The FHA identifies the shoulder of the road and exit ramps as unsafe places for large trucks to park. Unfortunately, many truck drivers end up in these locations for lack of better options available or due to hours-of-service restrictions not allowing them to continue driving to search for a better place to park.
Regardless of the reason, if a semi-truck parks unsafely or illegally in New Mexico, it can increase the odds of a harmful truck accident in New Mexico. If an investigation finds that the truck should not have been parked where it was or that the truck driver did not implement the proper warning signals, this could place liability for the crash with the trucking company. Truck companies are vicariously liable for most accidents, injuries and deaths involving their trucks and drivers.
Filing a claim against a trucking company for a truck accident in New Mexico could result in financial compensation for the victim and his or her family. The compensation available could cover past and future medical bills, property damage, pain and suffering, lost wages, and other damages associated with the parked truck accident. To discuss the possibility of bringing a lawsuit after an accident involving a parked semi in New Mexico, contact The Fine Law Firm for a free case consultation.