Who is Liable in a Parked Truck Accident?
March 20, 2020
When a commercial truck and passenger vehicle collide, the results can be catastrophic. Most people assume that trucks must be moving to cause an accident. Unfortunately, even a parked truck can cause an accident that results in serious or fatal injuries.
Truck drivers have a legal responsibility to ensure that they are not posing a risk to other vehicles whenever they park on the side of the road. Failure to follow the laws and safety protocols in these situations can make the truck driver liable for damages and injuries that occur from an accident.
In most cases, truck drivers are held liable for injuries and damages that occur in truck accidents when their truck is parked illegally or on the side of the road. The truck driver is responsible to follow safety precautions whenever they decide to park. They can be held liable for accidents that occur in the following situations:
- Illegally parked on the side of the road: Commercial truck drivers and delivery drivers are only permitted to pull off to the shoulder of a road in a true emergency. Shifting cargo, tire blowouts, mechanical problems, or health-related emergencies justify when a large rig can pull off to the side of the road. When an accident occurs with an illegally parked truck, there is a high risk of catastrophic injuries.
- Negligence in following safety precautions: Commercial truck drivers are trained in how to secure their rig properly when it is parked, especially when they must park on the side of a roadway. Examples of safety precautions include turning on lights and flashers to make the rig more visible to other vehicles. Orange cones should be placed behind and beside the truck to keep other vehicles from coming up to the truck unexpectedly. Truck drivers should call for assistance immediately when they experience an emergency.
- Driving on roads that exclude trucks: Many residential roads, one-way streets, and narrow roads exclude trucks from traveling on them. When a truck driver makes the decision to drive on the restricted road, they are endangering all other vehicles, pedestrians, and residents in the area. When a truck pulls over on one of these roadways to deliver a package or to rest, an accident can occur.
Proving Negligence in an Accident with a Parked Truck
Although it may seem easy to prove that a truck driver was at-fault for an accident with their parked rig, it can become very difficult to prove negligence. Large trucking companies and fleet owners have legal teams on retainer, poised to fight accident claims. Challenging these insurance companies can be a daunting task for the average driver.
Consulting with a qualified and experienced truck accident lawyer can ensure that the victim’s legal rights are protected. Truck accident injuries can be catastrophic and result in high medical bills and lost wages. A truck accident lawyer can help an injury victim.
Philadelphia Semi-Truck Accident Lawyers at Galfand Berger LLP Help Victims of Truck Accidents Claim Compensation
If you were injured in a truck accident, call the Philadelphia semi-truck accident lawyers at Galfand Berger LLP at 800-222-8792, or contact us online to schedule a free consultation today. We have offices in Philadelphia, Bethlehem, Lancaster, and Reading, Pennsylvania, where we serve clients throughout Pennsylvania and New Jersey, including Allentown and Harrisburg.