Jeffrey P. Gale, P.A. /// Disabled Commercial Vehicles Are Serious Roadway Hazards

Disabled commercial vehicles pose significant hazards to motorists.

Although approaching drivers often bear much of the blame for rear-end collisions, commercial vehicles that become disabled in active lanes of traffic frequently contribute to serious and fatal accidents—often through little or no fault of the approaching motorist. These crashes occur not only at night or in foggy conditions, or on curved roadways, but surprisingly often in broad daylight on straight, unobstructed highways.

To reduce these dangers, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration has established detailed regulations governing disabled commercial vehicles. For commercial motor vehicles—buses and trucks with a gross vehicle weight rating (GVWR) over 10,000 pounds (U.S. DOT Rule 571.125 S3) – that stop on the traveled portion of a highway for any reason other than normal traffic, 49 CFR 392.22 requires the following:

Activation of Hazard Warning Flashers.
The driver must immediately activate the vehicle’s hazard-warning flashers and keep them activated until the required warning devices are placed. According to Rule 393.5, hazard warning signals are lamps that flash simultaneously on all sides of the commercial vehicle to alert approaching drivers. Rule 393.19 further requires that these flashers operate independently of the ignition switch.

Placement of Warning Devices.
As soon as possible, and in all cases within 10 minutes, the driver must place the prescribed warning devices in the locations specified by Rule 392.22(b)(1)(i–iii), (b)(2), (b)(2)(iv), and (b)(2)(v). The required devices—three bidirectional emergency reflective triangles, at least six fusees, or three liquid-burning flares—are identified in Rule 393.95. As noted in Section 571.125 S2, the purpose of these standardized devices is “to reduce deaths and injuries due to rear-end collisions between moving traffic and disabled vehicles.”

These requirements apply with only minor variation between daytime and nighttime conditions.

The regulations underscore the critical importance of preparedness. Rule 392.8 states that no commercial motor vehicle may be operated unless the driver is satisfied that the required emergency equipment is present and ready for immediate use.

The purpose of this discussion is to highlight a counter-intuitive but important concept: disabled vehicles can create dangerous conditions that contribute to major accidents even when approaching drivers are exercising appropriate care. Because many of these incidents result in severe injuries or fatalities, fault should not be automatically attributed to the following motorist. A thorough investigation of the specific circumstances of each collision is essential.

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Jeffrey P. Gale, P.A. is a South Florida based law firm committed to the judicial system and to representing and obtaining justice for individuals – the poor, the injured, the forgotten, the voiceless, the defenseless and the damned, and to protecting the rights of such people from corporate and government oppression. We do not represent government, corporations or large business interests.

While prompt resolution of your legal matter is our goal, our approach is fundamentally different. Our clients are “people” and not “cases” or “files.” We take the time to build a relationship with our clients, realizing that only through meaningful interaction can we best serve their needs. In this manner, we have been able to best help those requiring legal representation.