July 30, 2020
Can I Still Collect If I Hit a Disabled Truck in the Shoulder Without Warning Lights On?
Accidents involving disabled vehicles on the shoulder of the road are extremely common on our California roadways. And when a vehicle does not have the required warning devices, it is even more likely that a motor vehicle accident could be caused—especially at night. This is why, when vehicles collide on the shoulder, a disabled vehicle without the appropriate warning lights may be partially or even entirely at fault for the collision. If you collided with a disabled truck on the side of the road, you may be entitled to compensation under California law. Learn more from our Los Angeles disabled truck accident lawyer at the Amicus Legal Group.
Dangers of Disabled Trucks
Unmarked disabled trucks, particularly at night, represent an accident in the making. In fact, these types of accidents happen so frequently that the Federal Motor Carrier Safety Administration (FMCSA) requires that truckers exhibit warning triangles and flares to signal a disabled truck. Studies show that adequate warning devices warning of a disabled vehicle are extremely effective at preventing accidents. And the lack of such warnings by a large rig often equate to being “illegally stopped” on a shoulder.
Specifically, 49 CFR section 392.22 requires the following:
- warning sign 10 feet from disabled truck
- 100 feet from disabled truck for oncoming traffic
- 100 feet from disabled truck for approaching traffic, and
- Other warning signs as appropriate.
Ask our Trucking Accident Lawyers in California for Help
When an accident occurs as the result of an unmarked disabled truck, it may come down to what is known as “comparative fault” in the dispensation of compensation for your injuries. If you have been involved in an accident involving a disabled truck on the shoulder of the road, it’s important to consult with our Los Angeles disabled truck accident lawyer to understand your rights under the law. For more information and a FREE case review, contact us today at (888) 588-1777. We are ready and willing to help.