A stopped semi-truck can create a serious hazard on a dark road, narrow shoulder or sharp curve. If you cannot see it in time, you may have little room to avoid a collision.
Liability often depends on why the truck stopped, where the driver left it and whether approaching motorists received enough warning.
When is stopping on the highway allowed?
Under West Virginia Code § 17C-13-1, drivers outside business or residence districts must move vehicles off the traveled part of the highway when they can safely do so. This rule generally does not apply when a breakdown makes stopping unavoidable.
What warnings must the driver provide?
Federal regulation 49 CFR 392.22 generally requires a commercial driver to turn on the hazard flashers immediately. The driver must place warning devices at required distances around the vehicle to alert approaching traffic, with stricter requirements for hills, curves and divided highways.
Who may be responsible for the crash?
The driver may not be the only party responsible. Others could include:
- The trucking company that employed or supervised the driver
- A maintenance provider that failed to address a known mechanical problem
- The truck owner or another company responsible for its condition
A violation can affect liability if the stop, missing warnings or mechanical problem contributed to the crash. West Virginia reduces your compensation based on your share of fault. You can generally recover if you are 50% or less at fault, but your award would be reduced by that percentage. At 51% or more, recovery is generally barred.
Preserve evidence from the scene and before the stop
When it is safe, photograph the truck’s position, warning triangles, road conditions and visibility. You may also want to collect witness information and keep the police report number. Earlier records, including maintenance logs, inspection reports, driver messages and repair records, can show whether the breakdown was sudden or preventable. Together, these details can provide a clearer picture of how the collision happened and who may be responsible.