Were you Injured in a Tennessee Commercial Truck Accident where the Truck Did not Warn you? Federal Law Requires them to! Memphis Truck Accident Attorneys Explain

The highway can be a dangerous place at times, given that there are millions of commercial motor vehicles and semi trucks traveling the roads today.  Thus, it is not uncommon for a Tennessee truck accident to occur.  The operation of large commercial vehicles can be dangerous and difficult, particularly for a new and inexperienced driver.  However, these large vehicles can also be just as dangerous off to the side of the road if they suffer any type of malfunction, mechanical problem, or other disabling problem forcing them to the shoulder of the road—if there is one.

Truckers need to pull off the road periodically for the purpose of rest or sleep, inspect cargo, inspect the vehicle, or a number of other activities.  Under regulations by the Federal Motor Safety Carrier Administration (“FMCSA”), truck drivers are required to park their truck in a certain way.  They are also required to take action that adequately warns other motorists that a commercial truck is stopped ahead.  However, many truck drivers do not follow these requirements when they do not provide motorists warning of potential hazards.

Under FMCSA Section 392.22 stopped vehicles are required to:

• Activate Hazard Lights: Whenever a truck has stopped on a traveled portion of a highway, or has stopped on the shoulder of the highway for a reason other than traffic, the truck driver is required to activate his or her hazard lights immediately.  This is to help drivers further away see the truck on the side of the road.
• Place Warning Devices: Truck drivers also need to place warning devices on the road surface as soon as possible (but no more than 10 minutes) behind the stopped truck.  This is a requirement.  Until the warning devices have been put in place, the truck’s hazard lights need to remain flashing.  It is also mandated under FMCSA regulations that trucks be equipped with warning devices.  This is to indicate to oncoming drivers that there may be a driver or other occupants, repair teams, or individuals walking around the side of the disabled truck.
• Where Warning Devices are Placed: Under Safety Regulations, warning devices need to be placed in a specific way.  There are different rules for placement depending on whether the truck has stopped on a curve versus being stopped on a straightaway, and in some cases, different placement depending on whether it is daytime versus night.

Tennessee Law Regarding Logs or Poles on Commercial Trucks

Tennessee has its own requirements with regards to commercial motor vehicles that are operating in the transport of logs or poles through the state at night.  If the logs or poles stick out four feet or more from the rear of the truck they are required to have special lighting or face criminal penalties.  This law (which went into effect on July 1, 2013) is meant to ensure the safety of other drivers on the road as commercial motor vehicles do pose a unique hazard. The length of trucks and this lightening code is provided for under Tennessee Code Section 55-7-201 and this specific provision is provided here in the legislative bill.

Under this new law, all commercial vehicles that are transporting loads of logs, poles, long pulpwood, or posts that are projecting four or more feet beyond the rear of the trucks body or bed will be required to have an amber strobe-type lamp or an amber light-emitting diode (“LED”) visible from the rear of the truck between 30 minutes prior to sunset and 30 minutes after sunrise.

Additionally, lamps are required to be detectable by other drivers on the road from at least a distance of 500 feet.  This is to prevent drivers from approaching the rear of the truck but not seeing the protruding log or cargo which may cause a serious Tennessee truck accident.

As an experienced Tennessee truck accident attorney, we have handled cases where we used the FMCSA provisions to help establish why the trucking company or truck driver was reckless, careless, or otherwise negligent in the operation of his or her truck, which was a substantial factor in causing the victim’s Memphis trucking accident.  We have the resources available to search for witnesses, do accident reconstructions, and thoroughly dissect what transpired leading to your injuries.

Here at Bailey and Greer, PLLC our Memphis truck accident attorneys understand how to effectively pursue your claims.  Our legal team has a proven track record of compassionately representing our clients injured in car accidents which is included in our testimonials page.  Please contact us today to receive your free case evaluation by dialing 901-680-9777.  Remember, you only have one year from the date of the accident to commence your action to recover compensation.