Drivers in Ohio and throughout the country are often cautioned to only stop along a freeway in the case of an emergency. If a driver encounters an emergency that necessitates a stop, drivers are advised to pull their car off to the far right shoulder of the road and to engage a vehicle's emergency lights.
In an effort to promote safety and prevent motor vehicle accidents, the trucking industry is highly regulated. Along with rules and laws pertaining to load weight limits and driving hour restrictions, truckers are also prohibited from stopping along roadways except in emergency situations.
A relative of three individuals who were killed in a fatal truck accident recently filed a wrongful death lawsuit against the truck driver and his employer. According to court documents, the fatal accident occurred after a 78-year-old truck driver pulled his big-rig off to the side of a darkened highway.
The truck driver testified he made the decision to stop his truck along the road so he could take an aspirin and relieve himself. Shortly thereafter, an SUV driven by a 41-year-old man crashed into the rear of the stopped semi truck. Inside of the SUV were the 41-year-old man, his 40-year-old wife and their three children, ages 14, 11 and nine.
The couple along with their 14-year-old son all died in the crash. An 11-year-old boy and nine-year-old girl escaped the SUV prior to it bursting into flames. Since that time, however, the boy died, leaving the now 13-year-old girl as the only surviving member of her immediate family.
Federal trucking laws strictly prohibit licensed truck drivers from stopping along roadways unless there's an emergency. In this case, the plaintiff's attorney argues that the truck driver acted negligently and recklessly when deciding to pull off of the highway randomly rather than at a designated rest stop or exit which were both plentiful. Additionally, the truck driver failed to engage his hazard lights as is required by trucking laws.
Individuals who have been impacted by an accident with a commercial truck or vehicle may choose to take legal action. In such cases, it's wise to enlist the assistance of an attorney who has knowledge of and experience dealing with the trucking industry.
Source: LaCanadaFlintridge Patch, Truck Driver Testifies in Wrongful Death Lawsuit Over Deadly Crash on 210 Freeway," Craig Clough, Sep. 30, 2013