A truck stopped on the side of a highway is a familiar site for most travelers. While truck drivers generally have the right to park their vehicles roadside, when they do, they must follow specific safety procedures under New York law and federal regulations to protect other motorists. If they fail to do so, and their carelessness subsequently causes a collision, they may be held accountable for any harm caused. If you suffered injuries in an accident with a stopped truck, it is in your best interest to speak to an attorney to examine what damages you can pursue. At DeFrancisco & Falgiatano Personal Injury Lawyers, our assertive Syracuse personal injury attorneys can evaluate the circumstances surrounding your harm and craft persuasive arguments on your behalf, to help you seek the best outcome available. We regularly represent injured people in trucking accident cases in Rochester, Syracuse, and cities throughout Upstate New York.
Regulations Governing Commercial Trucks Stopping on Road ShouldersWhile commercial trucks provide essential services, they can also pose significant dangers when parked improperly on the shoulder of a road. In New York, as in many states, laws generally restrict where and why vehicles can stop on the shoulder of roads and highways. However, it is not uncommon to see trucks pulled over for rest breaks or maintenance outside of designated rest areas. Even in cases where stopping on the shoulder is permitted, truck drivers are required to follow specific safety protocols under the Federal Motor Carrier Safety Administration (FMCSA) regulations to minimize risks to other road users. For example, these regulations require drivers to immediately activate hazard lights and position warning devices such as reflective triangles around the truck. The exact placement of these devices varies depending on factors like visibility, road conditions, and proximity to curves or obstructions.
If a driver fails to comply with these regulations or local traffic laws when stopping on the shoulder, and an accident occurs as a result, they and their employer may be liable for the resulting damages. Injured victims will generally assert a negligence claim against the driver. Proving negligence requires the plaintiff to demonstrate that the truck driver owed the plaintiff a duty, which is generally the duty to act with reasonable care or abide by applicable regulations. The plaintiff must also prove that the defendant breached the duty owed and that this breach caused the accident and the plaintiff’s resulting injuries. Additionally, a driver’s violation of FMCSA regulations or New York state laws can provide grounds for a negligence per se claim, which holds that certain conduct is inherently negligent due to its violation of established safety standards. If the truck driver was on duty at the time, the trucking company may also be liable under the theory of vicarious liability or if it can be shown that the company failed to properly supervise or train the driver.
Compensation Available in New York Truck Accident CasesIn New York, parties injured in truck accidents are generally entitled to seek compensation for both economic and non-economic damages. Economic damages include quantifiable expenses such as medical bills, rehabilitation costs, lost wages, and future loss of income. Non-economic damages cover more subjective losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. In cases where an accident results in the wrongful death of a loved one, the victim’s family may also seek compensation through a wrongful death claim, which can include funeral expenses, loss of companionship, and other related damages.
Schedule a Consultation with a Trusted Syracuse Personal Injury AttorneyWhen truck drivers improperly stop on the side of the road, it can lead to cataclysmic accidents. If you sustained injuries in a trucking accident, it is sensible to meet with an attorney to discuss your right to pursue compensation. The trusted Syracuse personal injury attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers are committed to helping victims of negligence protect their interests, and if you engage our services, we will advocate zealously on your behalf. We often help clients with trucking accident claims in Syracuse and in Rochester, and throughout Upstate New York. You can contact us through our online form or by calling us at 833-200-2000 to arrange a confidential and free consultation.