Truck Stopped on the Highway. Who's at Fault?

Hurt in an accident caused by a truck stopped on the highway?

Have you been in an accident involving an 18-wheeler truck stopped or stalled on the roadway? You may be able to file a lawsuit to recover monetary compensation. Please call Rasansky Law Firm today at (214) 651-6100 for your free consultation.

Should a disabled semi truck stop on a highway for whatever reason, the driver must act quickly to alert other motorists. They may place reflective red triangles, as well as clearly marked signs and flags that can be seen from within a reasonable distance. If the vehicle is not fully disabled, they are required to remove the vehicle from the roadway in good time to stop traffic buildup and to prevent car accidents. Failing to do this could mean that the driver acted in a negligent manner, putting the lives of other road users at risk.

Truck drivers have also been known to stop their vehicles on the highway when preparing for an unsafe U-turn, or when pulling into or backing out of a business driveway. While it's clearly the responsibility of the truck driver performing such a maneuver to avoid causing an accident, many truck drivers simply feel that everyone else needs to watch out for them.

Unfortunately, these type of accident claims are usually highly-contested by the trucking company's insurance provider, and you should fully expect them to initially deny your claim. Understand though that just because they're going to deny liability, that doesn't mean your case is without merit. If liability has been denied, the insurance company will not negotiate with you. Your only option is to file a lawsuit. If the insurance company is worried about losing to you in court (i.e. you have retained an attorney who has beat them before), they will likely offer a settlement and the negotiation process can begin.

It is in your best interests simply to not to talk to the trucking company's insurance company in the first place. You stand a much better chance of getting substantial compensation by seeking out an experienced semi truck accident attorney to handle your claim from the beginning.

Regulations surrounding 18-wheelers and commercial trucks.

Semi trucks are large vehicles often used by companies to transport cargo from one state to another. They are vital to the country’s economy, but due to their sheer size, the FMCSA has laid down rules to balance their need to use our roads on a regular basis with the safety of other road users. Some of these regulations include regular safety checks and inspections to help ensure that these vehicles are running as they should, requiring a driver to ensure that they have the necessary permits to carry certain types of loads as well as paying certain fees to allow them to operate on roads in certain states.

Any violations of the various federal FMCSA rules could have a big impact on your case, and our attorneys are ready and willing to investigate the facts of your case for no charge. Please contact Rasansky Law Firm at (214) 651-6100 to find out what we can do for you. As always, if we don’t win your case, you literally pay us nothing.