On Friday night a women from Chicago was killed when the pick up truck in which she was riding struck a semi truck parked on the shoulder of I-24 near Murfreeesboro reported the Tennessean on Sunday. As I was drinking my Sunday morning coffee I first almost skipped over the short article. At first blush I thought well the driver of the pick up truck must be a fault for hitting a parked tractor trailer truck. Then I put my trucking wreck lawyer hat on an began to think.
I did not have enough facts to form any hard conclusions, however, I knew were to start. The following are some quick thoughts.
The Federal Motor Carrier Safety Administration oversees the operation of tractor trailers and buses on Interstate highways. Its motto is
The Federal Motor Carrier Safety Administration (FMCSA) is focused on reducing crashes, injuries, and fatalities involving large trucks and buses.
There are numerous regulations all enacted to safe guard the public. Section 392.22 tells the driver what he is to do. Specifically it states:
§392.22 Emergency signals; stopped commercial motor vehicles.
(a) Hazard warning signal flashers. Whenever a commercial motor vehicle is stopped upon the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops, the driver of the stopped commercial motor vehicle shall immediately activate the vehicular hazard warning signal flashers and continue the flashing until the driver places the warning devices required by paragraph (b) of this section. The flashing signals shall be used during the time the warning devices are picked up for storage before movement of the commercial motor vehicle. The flashing lights may be used at other times while a commercial motor vehicle is stopped in addition to, but not in lieu of, the warning devices required by paragraph (b) of this section.
(b) Placement of warning devices— (b)(1) General rule. Except as provided in paragraph (b)(2) of this section, whenever a commercial motor vehicle is stopped upon the traveled portion or the shoulder of a highway for any cause other than necessary traffic stops, the driver shall, as soon as possible, but in any event within 10 minutes, place the warning devices required by §393.95 of this subchapter, in the following manner:
(b) Placement of warning devices—
(b)(1) General rule. Except as provided in paragraph (b)(2) of this section, whenever a commercial motor vehicle is stopped upon the traveled portion or the shoulder of a highway for any cause other than necessary traffic stops, the driver shall, as soon as possible, but in any event within 10 minutes, place the warning devices required by §393.95 of this subchapter, in the following manner:
Thus, the first question to be answered "Did he turn his four way flashers on?" The law requires "IMMEDIATELY." Were they working? His prep trip inspection required him to check them. Did he even do a pre trip inspection? "How long had he been parked?" The law says if more than 10 minutes he had to place other warning devices and specifies the exact location.
Those inquires don't stop the investigation. A trailer is to have reflectors ever so many feet. Were they on the truck? I could write for pages on the questions to ask. In the last case I handled concerning a wreck like this my questions for the driver took over six hours to ask.
Rest assured the insurance company for the truck inspected the truck and accident scene within 24 hours of this death. What was the family of the deceased doing? Grieving, trying to make funeral plans, making arrangements for the body to be brought home.
Now the best advice for anyone involved in a tractor trailer wreck is to hire an experienced tractor trailer wreck lawyer as soon as possible so that they have less time to catch up. A semi wreck is NOT just a big car wreck. The car or pickup always loses.
Have an opinion about this post? Please consider leaving a comment or subscribing to the feed to have future articles delivered to your feed reader.
Keep up with the latest updates using your favorite RSS reader
Your question will be referred to an attorney near you. If your question is of a legal nature, then by submitting this form you agree you are not forming a formal attorney / client relationship. Read our full privacy policy.
Looking for an InjuryBoard attorney closer to home? Click here.
Enter your email address if you would like to receive email notifications when comments are made on this post.
Bob Kraft's P.I.S.S.D.
Drug Injury Watch
Products Liability Prof Blog
Torts Prof Blog
Find an InjuryBoard Blog in your area:
Alabama
Birmingham
Gadsden
Huntsville
Mobile
Montgomery
Alaska
Anchorage
Fairbanks
Arizona
Chandler
Phoenix
Scottsdale
Tucson
Arkansas
Bentonville
El Dorado
Jonesboro
Little Rock
Mountain Home
California
Bakersfield
Chico
Fresno
Glendale
Huntington Beach
Lancaster
Long Beach
Los Angeles
Modesto
Novato
Oakland
Orange County
Redding
Sacramento
San Diego
San Diego County
San Francisco
San Jose
San Luis Obispo
Santa Clarita
Stockton
Ventura
Colorado
Colorado Springs
Denver
Fort Collins
Grand Junction
Connecticut
Hartford
New Haven
Waterbury
District of Columbia
Metro D.C.
Washington
Florida
Central Florida
Fort Lauderdale
Ft. Myers
Gainesville, Ocala & Daytona Beach
Jacksonville
Melbourne
Miami
Orlando
Pensacola
Sarasota
Tallahassee
Tampa Bay
West Palm Beach
Georgia
Atlanta
Hawaii
Honolulu
Idaho
Boise
Illinois
Chicago
Chicago-Land
Cook County
Rockford & Moline
Springfield
Indiana
Bloomington
Indianapolis
Iowa
Council Bluffs
Davenport
Des Moines
Fort Dodge
Waterloo
Kansas
Topeka
Wichita
Kentucky
Bowling Green
Louisville
Paducah
Louisiana
Baton Rouge
Lafayette
New Orleans
Maine
Bangor & Augusta
Maryland
Baltimore
Massachusetts
Boston
Cape Cod
Stoughton / Canton
Michigan
Detroit
Grand Rapids
Lansing
Traverse City
Minnesota
Minneapolis
St. Cloud
Mississippi
Biloxi & Gulfport
Tupelo
Missouri
Jefferson City
Kansas City
St. Louis
Montana
Missoula
Nebraska
Lincoln
Omaha
Nevada
Las Vegas
Reno
New Hampshire
New Jersey
Bergen County
Cherry Hill
Jersey City
Newark
Trenton
New York
Buffalo
Long Island
New York City
Northern New York
Syracuse
North Carolina
Charlotte
Fayetteville
Greensboro
Greenville, OBX & Rocky Mount
Raleigh
Wilmington
Ohio
Akron
Cincinnati
Cleveland
Columbus
Dayton
Findlay
Sandusky
Toledo
Oklahoma
Oklahoma City
Tulsa
Oregon
Portland
Pennsylvania
Philadelphia
Rhode Island
Providence
South Carolina
Charleston
Columbia
Florence / Myrtle Beach
Greenville
Spartanburg
Tennessee
Chattanooga
Nashville
Texas
Austin
Beaumont
Brownsville
Corpus Christi
Dallas
Galveston Bay
Houston
Laredo
McAllen
North Dallas
San Antonio
Tyler
Victoria
Waco
Utah
Salt Lake City
Vermont
Virginia
Charlottesville
Fairfax, Leesburg & Loudoun
Norfolk, Portsmouth & Hampton
Northern Virginia
Richmond
Roanoke
Virginia Beach, Chesapeake & Suffolk
Everett
King County
Olympia
Seattle
Tacoma
Vancouver
West Virginia
Wisconsin
Milwaukee
Wyoming
Cheyenne