What You Should Know About Sitting Duck Truck Accidents in Washington

When most of us think about devastating tractor trailer accidents, we picture high-speed crashes. In reality, however, catastrophic wrecks can also occur when a “big rig” isn’t even moving. This is because passenger vehicles only weigh between 1,610 and 4,696 pounds, with the average car tipping the scales at approximately 4,156 pounds. On the other hand, the average tractor trailer weighs 15,000 to 25,000 pounds without anything in it, and 60,000 to 80,000 pounds when loaded.

Crashes that happen when other vehicles hit tractor trailers parked on the side of the road are called “sitting duck” accidents. Here’s what you should know if you or a loved one has been involved in this type of accident while driving in Washington.

Truck Drivers Cannot Park On The Side Of The Road Unless They Take Certain Precautions

By its nature, trucking in the United States is an interstate activity. Because big rigs routinely travel through various states, their operation is governed by both federal and state laws. For the purposes of this article, we will review federal and Washington state laws and regulations pertaining to tractor trailer parking on roadsides.

First we turn to 49 CFR 392.22, a federal regulation that mandates what truck drivers must do “[w]henever a commercial motor vehicle is stopped upon the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops.” In these circumstances, the driver must:

• Activate the emergency blinkers straight away – and leave them on until warning devices have been placed outside the truck as required by law. The emergency blinkers should also be used while the driver is retrieving the warning devices to put them away.
• Deploy warning devices as soon as possible or within 10 minutes – these warning devices are defined in applicable federal regulations and must be placed at specific intervals outside the truck to enhance visibility for motorists approaching from either direction.
• Follow special rules for the use of certain warning devices – such as fusees and burning flares depending on the location and time of the stop.
• Follow special rules for the placement of warning devices – when stopped within 500 feet of a curve, crest of a hill, or “other obstruction to view,” or when stopped on the shoulder of a divided or one-way highway.

Drivers that don’t abide by these rules when stopped on the roadside risk being held legally responsible in a sitting duck accident that results in a fatality or injuries.

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State Laws Also Prohibit Roadside Parking On Certain Roads

Furthermore, RCW 47.52.120 details what motorists (including commercial truck drivers) are forbidden from doing on limited access highway facilities in Washington state. Among other things, it is illegal to “stop or park any vehicle or equipment within the right-of-way of such facility, including the shoulders thereof[.]” The only place where stopping or parking is allowed in the right-of-way on this type of road is at specifically designated points where it is permitted for certain purposes.

Anyone found guilty of breaking this rule is guilty of a misdemeanor and faces a fine ranging from $5 to $100, and/or jailtime ranging from five to 90 days. The state highway authority can also pursue civil remedies to enforce “the prohibitions or limitations of access to such facilities.”

In this context, it is important to note that a limited access facility is legally defined as either “a highway or street especially designed or designated for through traffic” that could be a parkway, which tractor trailers or buses are not allowed to use; or a freeway that is “open to all traffic” including commercial vehicles such as tractor trailers.

Exceptions to State Law and Federal Compliance

It is important to note that state regulations make an exception for vehicles that are stopped due to emergency situations or equipment failures. In these cases, the specific prohibition against parking or stopping within the right-of-way does not apply. However, even when a truck is stopped for such reasons, the driver must still fulfill their responsibility by promptly deploying warning devices. Failing to do so constitutes a violation of federal regulations outlined earlier.

Factors Leading To Sitting Duck Accidents

Even so, trucking industry experts say there are several reasons why truckers stop on the side of the road. In particular, they may do so to:

• Comply with mandatory break/rest requirements
• Address mechanical breakdowns, routine maintenance, or to wait for help to arrive
• Wait out bad weather
• Avoid traffic jams or try to keep from adding to traffic congestion
• Avoid other hazards that pose a risk to them and/or other motorists
• Comply with municipal parking, loading/unloading rules

Experts also say that truckers park on the shoulder because they simply aren’t enough rest stops and/or parking spaces to accommodate all of the truckers on the road at one time. As we have noted, however, drivers that do so without taking mandatory precautions increase the risks of becoming involved in “sitting duck” accidents.

If you were seriously injured in this type of accident, or if a loved one died in a collision with a tractor trailer parked on the side of the road, you may be able to pursue legal recourse. Take the first step by contacting Van Law Firm to schedule a free consultation today. During your initial consultation, our dedicated sitting duck accident attorneys will evaluate your unique circumstances to see if you have a viable case. If so, we will share all of your options so you can make an informed decision about what is best for you.