Understanding Liability When You Hit a Disabled Truck Without Warning Flashers On
One thing that stands out about tractor trailers, big rigs, and other box trucks is their sheer size. They are huge and often times very obvious on the roadway. This is especially true on some of New York City and Queens’ more narrow roads and more congested roadways. However, despite being so large these commercial vehicles can still pose a real danger when they become disabled. This is particularly true at night, during inclement weather, or at dusk and in low visibility. This is why the federal regulations require all disabled trucks to use warning flashers on a disabled truck to help other motorists see the vehicle. When truck drivers fail to do so, it can result in serious or catastrophic trucking accidents.
Here at COHEN & COHEN PERSONAL INJURY LAWYERS, P.C. , our experienced Queens trucking accident lawyers know how devastating it can be for an innocent person to be involved in a trucking wreck. We understand that it could be overwhelming and stressful, even confusing. This is particularly true when the victim may have caused the collision by crashing into the disabled truck on the side of the road. Often times victims may even blame themselves for this type of accident, especially when an insurance adjuster claims them. But we know that is not true. Disabled trucks have to follow series laws and regulations which help to protect others on or around the roadway. If you or a loved one have been seriously injured in a Queens trucking accident caused by hitting a disabled truck, ask our experienced law firm to review your case to assess liability.
Dangers of Disabled Trucks
Despite being very large, at night, during inclement weather, or during other times of low visibility an 18 wheeler can become near invisible. This is particularly true if they are on the side of the road or backing across the roadway and other motors’ right-of-way. Driving into a disabled truck on the side of the road is like driving into a brick wall. Victims can be seriously injured or wrongfully killed, especially at a high rate of speed such as on highways, interstates, and thruways.
Federal Regulations Require Warning Flashers on a Disabled Truck
Since the trucking industry is interstate, there are federal regulations which apply to all truck drivers throughout the country no matter what state the truck is in, from, or going to. These regulations are created by the Federal Motor Carrier Safety Administration or FMCSA. Most of the regulations pertain to safety to keep motorists safe from Queens trucking accidents.
When it comes to disabled trucks, 49 CFR section 392.22 (a) of the FMCSA regulations requires the following:
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 warning flashers are meant to help increase a disabled truck’s visibility on the side of the road until a truck driver can place warning signs out. The warning signs got out behind a truck and may consider of physical signs or flares. The warning signs are important to keep other motorists safe, but the warning flashers only take a click of the button and should be instantly pushed. The failure to take this basic action could result in catastrophic trucking accidents.
Did You Hit a Disabled Truck Without Warning Flashers On? Call Our Queens Trucking Accident Lawyers
Warning flashers or hazards on a commercial vehicle are meant to help keep other motorists safe by alerting motorists or a truck’s presence and that it is having some type of difficulty. While a motorist who collides with a truck on the side of the road may think he or she it as fault for the collision, it may have been due to the truck driver’s failure to use the warning flashers. Even if there is some comparative fault for the victim, it does not bar a victim from collecting compensation. Ask how our experienced Queens trucking accident lawyers at COHEN & COHEN PERSONAL INJURY LAWYERS, P.C. can fight for your rights to compensation by calling 800-247-8164 for a FREE case evaluation or use our convenient and easy-to-use contact us box available here.