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“I have been prosecuting serious injury and wrongful death cases against trucking companies, auto makers and tire manufacturers for more than 30 years. Our firm maintains this blog to share information and insight on transportation safety issues that continue to arise on our nation’s highways and roads.”

Terry Delauder was Injured in a Truck Accident on Interstate 35.


LATHROP, Missouri – A 33-year-old man suffered serious injuries when his vehicle engulfed in flames following a crash just south of Lathrop.

The accident happened on Interstate 35, where Terry Delauder was traveling northbound in his 2018 Chevrolet Silverado. Reports say Delauder’s vehicle collided with a semi-truck parked on the side of the road.

The impact caused Delauder’s Silverado to burst into flames. The fire rapidly spread, engulfing not only Delauder’s vehicle but also the towed unit of the semi-truck.

Delauder was transported to an area hospital with serious injuries.

The truck driver was also taken to the hospital for an evaluation.

Details surrounding the crash are still developing.

Thoughts on Crashes with Parked 18-Wheelers

Two crucial questions need answers regarding this accident. First, what caused the truck driver to park on the side of the road, and second, what actions did the truck driver take to reduce the risk of an accident while parked?

The trucking industry is very aware of the dangers associated with parking a full-sized semi-truck next to a lane of moving traffic. As a general rule, trucks should not stop on the side of the road. It’s too dangerous. When someone creates a dangerous situation that leads to a preventable accident, they may be held responsible for the injuries caused by their actions.

One of the first things that needs to be determined is why the truck stopped. We have handled many cases involving passenger vehicles running into the back of parked semi-trucks. In one such case, the trucker parked on the side of the road after his tire blew out. The trucking company tried to escape liability by claiming the driver had no choice but to pull over because of a mechanical issue. However, after investigating the crash, it was determined that the tire was not maintained properly by the trucking company, and the company knew the tire would eventually fail, causing the driver to create a danger to passing motorists. The trucking company accepted responsibility for the crash.

In another case, a trucker pulled over to use the restroom. The trucker claimed that there was no choice but to pull over because of a health condition. However, truckers must use proper route planning to ensure they can attend to personal needs in a way that does not put the motoring public at risk.

It will also be important to determine what actions were taken by the truck driver to alert passing motorists of the truck’s presence.  The Federal Motor Carrier Safety Administration (FMSCA) requires stopped vehicles to turn on their hazard warning system and to use warning devices, such as warning triangles and flares, no longer than 10 minutes but as soon as possible after stopping. Truckers who fail to follow these basic rules of safety put the motoring public at risk of grave injury.

Accidents like these are complex. They require the attention of trained professionals who know how to identify wrongdoing and hold the responsible parties accountable. While many will assume the injured motorist may be at fault for running into a parked vehicle, there is much more at play here that must be investigated before any conclusion can be made. It is clear that Mr. Delauder should be given answers and justice for the injuries he has suffered.

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The Ammons Law Firm represents clients nationwide in catastrophic injury and wrongful death litigation, with extensive experience in complex auto/tire defect and commercial vehicle cases.

 

Disclaimer: This post is not legal advice. Information contained in this blog was compiled from third-party sources or is the opinion of the author. Please inform us immediately if false or misleading information is contained in this post.

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