What To Do After a Crash with a Parked Semi-Truck

I Ran Into the Back of a Semi Truck, Do I Have Any Rights?

Yes, hitting the back of a semi truck does not automatically mean the crash was your fault. Rear-end accidents carry a general presumption that the driver in back was following too closely, and insurance adjusters count on that presumption to close claims fast. But if the truck was illegally parked, poorly lit, or missing required warning devices under federal law, that presumption can be challenged.

Real Examples of Lawsuits Involving Parked Semi-Trucks Our Firm Has Handled

• Real Case Example: Driver Stopped to Use the Restroom

Our firm represented the family of a man who was killed when he drifted slightly into the left-hand shoulder of a busy freeway and struck the corner of a semi-truck parked on the rumble strips. In addition to illegally parking on the left shoulder, our investigation revealed that the driver had stopped to use the restroom in the middle of the day, during rush hour, on a heavily traveled highway. That decision cost a man his life.

• Real Case Example: Tire Failure Due to Neglect

Our firm represented the family of a man who was killed when he struck the rear of a semi-truck parked on the right shoulder of the freeway. The trucker and his company claimed there was no choice but to pull over after suffering a flat tire. However, when we inspected the tire, we found clear signs of long-term underinflation — meaning the tire had been run flat for many miles. Rather than replacing it, the trucking company repeatedly refilled the tire and allowed it to lose air over and over again until it predictably failed, leaving the truck stranded on the side of a highway where it posed a danger to every passing motorist.

• Real Case Example: Broken Down Truck

Our firm represented a man who was safely traveling behind another motorist who made a sudden, last-minute lane change to avoid hitting a semi-truck that had been left in the right lane of a two-lane road. Our client did not have time to fully avoid the parked semi, causing him to clip the rear-right corner of the truck with the left-front corner of his passenger pickup truck.

The impact caused our client to suffer serious neck injuries that required emergency surgery. Our investigation revealed that the semi-truck had broken down on multiple prior occasions leading up to the incident. We also learned that the truck driver failed to put out any warning signals or triangles as required by law and instead simply left the scene, leaving the semi blocking the right lane of traffic.

These are only a handful of real-world cases in which our firm has recovered tens of millions of dollars for people and their families who were seriously injured or killed because a trucking company and its driver put the motoring public at risk. Our job as attorneys is to dig deep and get answers. When someone breaks the rules, they must be held accountable for their wrongdoing.

Rules Governing Trucks Parked Beside Highways

As a general rule, truckers must park in designated rest areas to avoid the risk of injury. When roadside parking is required, federal regulation 49 CFR 392.22 governs what truckers must do to warn passing motorists of the parked truck.

• The truck driver must immediately turn on the trailer’s hazard warning signal flashers when parking on the shoulder of a highway for reasons other than a traffic stop.
• The truck’s flashers must be on while the trucker places warning devices.
• Warning devices must be placed as soon as practicable, but no more than ten minutes from the time of the stop.
• The trucker must place warning devices approved by law, which include three bi-directional emergency reflective triangles, red flags, fuses, and liquid-burning flares.
• The warning devices must be placed:

• On the traffic side, four paces from the truck in the direction of oncoming traffic
• 40 paces from the 18-wheeler in the direction of oncoming traffic within the center of the shoulder
• 40 paces away from oncoming traffic.

• If stopped on a shoulder that is within 500 feet of a curve, hill, or other obstruction, the warning device must be placed in the direction of the obstruction, 100 to 500 feet from the stopped truck.

Truckers are required to strictly comply with these rules to protect innocent motorists from crashing into the back of their parked vehicles. Failure to comply with these regulations may subject the driver and company to liability for harm caused by a crash.

Federal law also requires commercial trailers to have functioning rear lights and reflective markings that are visible to other drivers. A trailer stopped on or near a roadway at night without working lights or proper reflective markings gives the drivers behind it little to no warning of its presence. When a truck is dark and unmarked on the side of the road, a driver approaching it may have no realistic chance to stop in time.

Accidents Caused by Illegally Parked Tractor Trailers

A rear-end collision is the primary accident caused by a parked semi-truck. Crashing into a stationary object subjects the body to significant force. In fact, a 20 MPH vehicle coming to an instant stop is equivalent to a seven-ton block lying on your chest. Because of the sheer size of a fully loaded 18-wheeler, crashing into the back of a truck is like crashing into a steel wall, often resulting in near-instantaneous deceleration. Since impact force is determined by the mass of an object multiplied by its deceleration, these accidents routinely result in catastrophic injuries and death.

What makes these crashes especially deadly is not just the force of impact — it is what happens to the car itself. Modern passenger vehicles are engineered with crumple zones, airbags, and structural reinforcements designed to absorb energy and protect occupants in a collision. But those systems are built to handle crashes between similarly sized vehicles. When a passenger car strikes the rigid steel frame of a semi-truck, the truck does not yield. The car does. The vehicle’s safety systems are overwhelmed, the occupant compartment collapses, and the very structures meant to protect the driver and passengers are destroyed on contact. What is left often bears little resemblance to a car at all.

Often, crashing into a parked semi-truck may result in an underride truck accident. An underride accident occurs when a passenger vehicle slams into the back or side of a tractor-trailer and slides underneath the trailer, causing severe injuries or fatalities. According to the Government Accountability Office, over 200 people lose their lives in underride crashes yearly. Studies have demonstrated the effectiveness of underride guards in stopping vehicles from sliding underneath the rear of a trailer.

What Truckers Must Do to Limit Collisions with 18-Wheelers Parked Beside Highways

Truck drivers must follow strict federal and state regulations regarding where and how trucks can be parked. Big rig drivers should get plenty of sleep before traveling and keep their trucks adequately maintained. In the event of an unavoidable breakdown, commercial drivers must follow federal law to warn passing motorists of the disabled truck.

Commercial truck companies should train their drivers to avoid stopping on public roads. Additionally, trucking companies must properly maintain their trucks to prevent breakdowns. FMCSA §396.7 states that commercial motor vehicles must not be operated in a condition likely to cause an accident. Poorly maintained and inadequately repaired trucks present a high risk of accidents and should not be operated on public roadways.

Situations Where the Truck May Have Been at Fault

Not every crash into the back of a semi truck means you caused it. There are specific situations where the truck driver or the trucking company failed to do what the law required, and that failure is what put you in danger. If any of the following sounds like what happened to you, the cause of your crash may be worth a closer look.

• You hit the back of a semi truck that did not have proper lighting to warn passing motorists of its location
• You hit a semi truck that did not have proper triangles or warning signals alerting motorists of an emergency
• You hit a semi truck that was parked in a lane of traffic
• You hit a semi truck that was parked in a location that prevented motorists from passing safely
• You hit a semi truck that was backing into the roadway without giving you time to react
• You hit another vehicle that was stopped because a semi truck was blocking traffic
• You hit a vehicle that was involved in an accident caused by a semi truck you could not avoid
• You were rear-ended by another vehicle while safely stopped for a semi truck ahead
• You hit a semi truck that braked suddenly without a safe or lawful reason for doing so
• You hit a semi truck that changed lanes or merged into you without signaling or checking blind spots
• You hit a semi truck that had non-functioning, dirty, or obscured taillights, reflectors, or brake lights
• You hit a semi truck that was disabled on the shoulder or roadway without hazard lights or reflective triangles placed behind it
• You hit a semi truck that jackknifed or lost part of its load, creating a hazard you couldn't see in time
• You hit a semi truck that was traveling far below the speed limit at night or in poor visibility without hazard lights or reflectors
• You hit a semi truck that cut across multiple lanes or made an illegal turn in front of you
• You hit a semi truck that was leaking fluid, debris, or cargo onto the roadway

These situations do not automatically mean the truck driver or company is responsible, but they are the right questions to ask before assuming the crash was your fault. Further investigating exactly what happened will help determine if the trucking company and its driver are at least partially at fault for the collision.

Contact our Parked Truck Accident Lawyers today at 281-801-5617

In parked truck accidents, the truck driver may be liable for legal damages when the truck was illegally stopped or when proper warning devices were not activated. Even if the semi was stopped due to a legitimate breakdown, the trucking company may be responsible for failing to properly maintain its vehicle, increasing the likelihood of a serious accident.

Rear-end accidents are complicated cases that require a thorough investigation of actions taken prior to the crash. Consulting a trained attorney experienced in truck accident litigation provides the best opportunity to recover damages for the injuries sustained in these accidents.