There is a popular myth that if you rear-ended another car, then the wreck will be your fault. However, as a North Texas car accident attorney, I can say that this is not necessarily always the case. If you rear-ended a commercial vehicle that was parked on the side of a road, for instance, it could be the fault of the truck driver.
Places Where Truck Drivers Cannot Park
Subchapter G (section 543.301, et seq.) of the Texas Transportation Code prohibits any semi-truck, tractor trailer, or 18-wheeler from parking, stopping, or leaving their commercial vehicles alone (whether or not it is attended or unattended) on any part of a highway.
This law also makes it illegal for truck operators to stand, stop, or park their commercial vehicle on a sidewalk, crosswalk, intersection, next to a street excavation or obstruction, a bridge, blocking a safety zone, on railroad tracks, or on places where a local ordinance or official sign prohibits stopping.
If you wreck occurred while a truck was parked in on one of the mentioned areas, the truck driver would be considered to be in breach of the local law, and will be negligent for the accident. This means that the accident will not be considered to be caused by you.
Requirements for Warning Signs
There are federal laws that require truck drivers to place warning signs, such as flares or warning triangles, if their commercial vehicle suddenly breaks down close to a roadway. If truck drivers do not place these and other types of warning signs out, or if they put them out incorrectly, it would be considered to be a negligent act. This means that if someone crashed against a stalled vehicle, they would have the legal right to sue.
A good step to take would be to discuss your specific case with a local and experienced personal injury attorney who can determine if the truck driver in your case was acting in a negligent manner, and if you are entitled to submit a claim for the damages generated because of them.
What Happens If Someone Wrecks Into a Parked Commercial Vehicle?
The first question to consider would be, did they make a mistake? Were they parked in a place where they shouldn’t have been? Is there evidence to prove this?
When making a claim *or a truck driver submits a claim against the other party), it all comes down to evidence. If you think the truck driver is responsible for the wreck because they were parked illegally or if they were not following the law, then you would need to build a strong case with evidence from the scene.
If you were not hurt and the damages involved were small, than it is likely that you can handle your case. However, if you were severely injured in the wreck and have medical bills piling up, it could be a good idea to consult with a legal professional.