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(281) 587-1111
(281) 587-1111
November 19, 2021 by Greg
We have all seen big rigs or 18-wheelers in Houston pulled to the side of the road, unable to move. Trucks, like any other vehicle, occasionally break down. When they do, they can pose a significant risk to other drivers.
It can be challenging for other drivers to spot a vehicle on the side of the road, especially at night or in poorly lit areas. A truck pulled to the side of the road on a curve, making it difficult to notice in advance.
While drivers are not supposed to drive on the shoulder, a disabled commercial vehicle should not be parked there.
Trucks are not supposed to pull to the side of the road unless they have a mechanical problem; however, occasionally, a driver may pull over for other reasons.
For example, a fatigued driver may pull over. Sometimes a driver is lost and wants to pull over to find his way. Other times, a driver needs a break. With severe consequences, another driver can rear-end a parked truck.
A car can sometimes crash into a truck with such speed that it slides underneath the rig, shearing off its top. Many fatal truck accidents occur when trucks are parked.
Laws govern how and when a truck can park on the side of the road. Drivers must follow the Texas Transportation Code, also known as the Rules of the Road, and vehicles must use their hazard blinkers whenever they pull to the side of the road.
Drivers must place hazard cones, triangles, or flares out behind the truck to warn drivers of their rig. They must put the hazard cones no later than ten minutes after stopping. Disabled trucks cannot remain at the side for any length of time. The driver must immediately request assistance to remove the vehicle from the road.
Big rigs are also required by law to have underguards. The rails must comply with the latest guidelines of the National Highway Traffic Safety Administration (NHTSA).
The guardrail specifications were updated to better protect drivers. The guard should prevent vehicles from sliding underneath in a rear-end collision. The revised law includes more substantial bars adequately placed to avoid these problems.
Cities like Dallas and Austin have ordinances that limit where and when big trucks can park within the cities. These regulations can also help establish negligence for an accident caused by an illegally parked tractor-trailer. Consulting with an attorney who is familiar with the applicable rules is necessary for an accident involving a parked big rig.
Generally, when a vehicle crashes into the rear of another vehicle, the driver of the rear-impacted vehicle may be responsible for the crash. That is not necessarily true when a car hits a disabled truck on the shoulder.
If the truck does not have the proper hazard lights and cones, the driver and the company may face legal issues. Alternatively, if the rearguard is inadequate, the truck driver or trucking company may be held responsible for some or all of the injuries.
Some accidents occur because a driver follows too closely and fails to maintain a safe distance between vehicles when one vehicle suddenly changes lanes.
We handled many severe injuries and wrongful death cases when an unsuspecting motorist struck a parked truck. If the truck driver did not follow the law in parking or stopped in the traveled portion of the roadway, a claim might be appropriate after an injury accident.
Early investigation of a truck accident with a stalled or parked truck can make all the difference in successfully bringing a case.
Witnesses, skid marks, and even the black box computer data can all be vital to a case.
If you were hurt in a truck crash, act quickly. Contact our top-ranked truck accident lawyers in Houston for guidance; we will help protect your rights.
Call the top-rated personal injury lawyers at Baumgartner Law Firm for a free phone consultation.
6711 Cypress Creek Pkwy, Houston, TX, 77069
(281) 587-1111!
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Since establishing Baumgartner Law Firm in 1985, Greg Baumgartner has built a reputation as one of Houston’s leading personal injury attorneys, dedicated to representing severely injured victims and families who have lost loved ones due to negligence.
Greg holds two law degrees, a distinction earned by less than 1% of all attorneys, demonstrating his exceptional legal expertise. He is also a prestigious Trial Lawyers College graduate, further enhancing his skills in trial advocacy and litigation.
His relentless commitment to legal excellence and client advocacy has earned him recognition from prestigious organizations, including Super Lawyers, the Top 100 Trial Lawyers, and many others.
With decades of experience, Greg has consistently received top peer reviews. He holds a preeminent rating, a testament to his unwavering dedication to securing justice and maximum compensation for his clients.
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