According to the Government Accountability Office, underride crashes are highly likely to cause severe injuries. These crashes occur when a smaller vehicle rear-ends a semi-truck before sliding underneath the trailer. The height difference causes extensive damage to the top section of the smaller vehicle, often leading to catastrophic injuries to the upper extremities. While underride crashes can occur in many ways, a common scenario involves a semi-truck parked on the shoulder. A victim who impacted one of these semi-trucks may have numerous questions as they recover from their injuries. Can a semi-truck park on the side of a New Hampshire road without violating traffic regulations? Is it possible to sue a trucking company for accidents caused by unlawful and dangerous parking? These are common concerns that victims may want to address with truck accident lawyers in New Hampshire. Friedman & Bresaw, PLLC is available to discuss this subject in more detail, so consider calling (603) 707-4800 to schedule a consultation.
Can a Semi-Truck Park on the Side of a New Hampshire Road?
According to the U.S. Department of Transportation, it is illegal for a semi-truck to park on shoulders or ramps in most states. This is particularly unlawful and dangerous if the semi-truck parks on a “limited-access highway,” as it poses a serious threat to other motorists. However, the Department of Transportation notes that fatigued drivers also pose a threat to motorists, accepting that in some cases, it might be safer for a fatigued trucker to pull over rather than keep driving. The Truck Parking Development Handbook describes this as a “law enforcement dilemma.”
Section 256:69 of New Hampshire Rules of the Road also prohibits parking on the shoulder. Specifically, this section bans parking or stopping on railroad tracks, bridges, tunnels, controlled-access highways, or at any place where signs prohibit stopping. A “controlled-access highway” is simply a roadway specifically designed for high-speed traffic. Examples include I-95 in New Hampshire and many others. Interchangeable terms include “freeway” or “expressway.” These highways are distinguished by the lack of traffic lights and on/off ramps. In summary, it is almost always illegal for a semi-truck to stop on the shoulder of a New Hampshire highway unless there is some kind of emergency or mechanical issue. Truckers may also legally pull over and stop if directed to do so by law enforcement. Designated “rest stops” represent another notable exception to this rule.
If a Semi-Truck Parks on the Shoulder, Does This Represent Negligence?
New Hampshire is an “at-fault” or “tort” state when it comes to truck accidents. In other words, injured plaintiffs must establish that someone else caused their injuries when pursuing compensation. In the vast majority of rear-end crashes, the rear driver is at fault. The general logic is that if a driver collided with the back of another vehicle, they failed to provide enough following distance. An impact with an illegally parked truck is a notable exception to this rule, and an injured plaintiff could argue that their injuries were caused by this unlawful behavior.
A personal injury attorney at Friedman & Bresaw, PLLC may be able to help victims prove that their injuries were caused by illegally parked semi-trucks. This may require an extensive knowledge of transport regulations, local ordinances, and the specifics of each crash. For example, a trucker might argue that they experienced some kind of mechanical issue that forced them to pull over on the shoulder. However, the trucker may be lying – and they may have pulled over simply because they wanted to rest. A truck accident lawyer can gather the necessary evidence to establish that the truck was parked illegally with no valid excuse.
Why Do So Many Semi-Trucks Park Illegally on Shoulders?
While there are numerous designated rest stops along New Hampshire highways, truckers often fail to use them. This dangerous behavior is often explained by profit-driven motives. The trucking industry pressures its drivers to haul cargo as quickly and as efficiently as possible. A trucker might have to take a short detour in order to reach a designated rest stop, and this can cut into profit margins. From the perspective of trucking companies, it makes more sense to pull over immediately and save time – even if this endangers the public.
Signs of Negligence When Semi-Trucks Park on the Shoulder
After a crash with a semi-truck parked on the shoulder, there may be glaring signs of negligence. One example is the lack of emergency lights after dark. If a trucker claims to have pulled over due to some kind of mechanical issue or emergency, they must activate their hazard lights. These flashing lights warn drivers as they approach, and they can prevent catastrophic impacts. The failure to use these lights when pulling onto the shoulder is a clear sign of negligence.
Another example of negligence in this situation is partially blocking one lane of traffic. If a trucker pulls onto the shoulder, they should move as far to the side as possible. Too often, the rear trailer partially obstructs one lane of traffic. If a vehicle approaches at high speed and there is no way to move into the other lane, an impact becomes almost inevitable. In addition, a trucking company may have contributed to the accident by failing to carry out mechanical maintenance. This type of negligence makes emergency stops more likely. Finally, a trucking company may have failed to install rear underride guards on their vehicles in violation of recent Department of Transport regulations.
Discuss Your Legal Options With Friedman & Bresaw, PLLC
Although online research can help victims understand various parking and transport regulations, the most appropriate pathway toward compensation largely depends on each unique situation. Every crash is different, and victims may want to discuss their specific situations alongside experienced truck accident lawyers in New Hampshire. That being said, trucking companies should always be held accountable for dangerous and unlawful parking practices that put everyone at risk. Can a semi-truck park on the side of a road in New Hampshire without breaking any traffic regulations? This is a question that depends on numerous factors, including local ordinances and the specific roadway. Consider reviewing the specifics of the crash with help from Friedman & Bresaw, PLLC by calling (603) 707-4800 today.
