Warning Flashers on Disabled Trucks: Albuquerque Trucking Accident Lawyers
Use of Warning Flashers on Disabled Truck: Albuquerque Trucking Accident Lawyers Discuss These Important Requirements
Even though commercial vehicles like tankers, 18 wheelers, box trucks, and other tractor trailers are very large, sometimes they can actually be quite hard to see. This is particularly true at night or during abnormal maneuvers, such as backing up across lanes of traffic. In addition, inclement weather like dust storms, fog, or blinding rain or snow could make an 18 wheeler very difficult to see. This is especially true on fast-moving highways and interstates like I-40, I-25, and I-10. In fact, large commercial trucks can be near invisible at night or during inclement weather. This is why federal regulations require large commercial vehicles to use hazard lights, signs, and warning flashers on disabled trucks. When innocent people are injured in a New Mexico trucking accident due to the failure of the truck driver to comply, there could be serious liability for the trucking company.
Here at the Caruso Law Offices, P.C., our experienced Albuquerque trucking accident lawyers know that the Federal Motor Carrier Safety Administration (FMCSA) regulations governing large commercial vehicles require these warning flashes on disabled trucks. When a truck driver fails to use these warning signals and an innocent person was seriously injured, the violation of the FMCSA regulation may be evidence of negligence that a victim could use to prove his or her case. If you or a loved one were seriously injured in a New Mexico trucking accident by a disabled truck, or if a loved one was wrongfully killed in a collision with a disabled truck, please ask our big rig lawyers how we can help you today.
FMCSA Regulations Requiring Warning Flashers on Disabled Trucks
Hazard warning signal flashers are required on disabled trucks when they are within the right-of-way. This includes on the shoulder where another vehicle could foreseeably travel. This is required under 49 CFR section 392.22 (a), which provides that:
Whenever 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, the driver of the stopped commercial motor vehicle shall immediately activate the vehicular hazard warning signal flashers and continue the flashing until the driver places the warning devices required by paragraph (b) of this section.
The term immediately activate is very important because it stresses that commercial trucks must truck on their warning flashers as soon as the truck stops and is disabled. To do this, it is typically just the flick of a button. This means that it is quite easy for a large truck to engage flashers. The failure to do so is simply negligent. All it takes is a second to warn other vehicles that a truck is in their path or general vicinity.
FMCSA Regulations Also Require Warning Signs On Disabled Trucks
Although the truck driver must immediately turn on the emergency flashers and hazards, within ten minutes the FMCSA regulations a truck driver to also place warning signs. These warning signs are very important and are also included under 49 CFR section 392.22 (b) which provide the following:
[W]henever a commercial motor vehicle is stopped upon the traveled portion or the shoulder of a highway for any cause other than necessary traffic stops, the driver shall, as soon as possible, but in any event within 10 minutes, place the warning devices required by §393.95 of this subchapter, in the following manner:
(i) One on the traffic side of and 4 paces (approximately 3 meters or 10 feet) from the stopped commercial motor vehicle in the direction of approaching traffic;
(ii) One at 40 paces (approximately 30 meters or 100 feet) from the stopped commercial motor vehicle in the center of the traffic lane or shoulder occupied by the commercial motor vehicle and in the direction of approaching traffic; and;
(iii) One at 40 paces (approximately 30 meters or 100 feet) from the stopped commercial motor vehicle in the center of the traffic lane or shoulder occupied by the commercial motor vehicle and in the direction away from approaching traffic.
If a truck driver fails to do this, it could further be evidence of negligence if an innocent person is seriously injured in a New Mexico trucking accidents.
Did you Collide with a Disabled Truck? Ask Our Albuquerque Trucking Accident Lawyers for Help
If you or a loved one were seriously injured in a New Mexico 18 wheeler accident, please ask our Albuquerque trucking accident lawyers for help today. This is particularly true if you were seriously injured in a collision with a disabled truck. You may be the victim of an FMCSA violation and not know it! We represent victims injured by negligent motorists, whether you are another passenger driver, motorcyclists, or truck driver. Call to schedule your FREE appointment with our lawyers at the Caruso Law Offices, P.C. by dialing (505) 883-5000.
We handle causes throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico. Please call to schedule for FREE appointment by dialing (505) 883-5000 or contact us through our website’s easy to use and convenient contact box available here.