Brad Pistotnik Law
Abogado El Toro

When should a truck driver put out triangle, cones, flares or other warning devices when he or she is stopped on a highway?

49 CFR 392.22 and the FMCSR’s create mandatory rules that commercial motor vehicles and truck drivers must follow when they are at a stop or emergency stop. This regulation requires that whenever a commercial motor vehicle is stopped upon the traveled portion of the highway or the shoulder of a highway for any cause other than a necessary traffic stop, that 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.

392.22(b) requires that a commercial motor vehicle that is stopped upon the traveled highway 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 no later than 10 minutes place the warning devices required by section 393.95 of the FMCSRs in the following manner.

The warning device should be placed on the traffic side at approximately 10 feet from the stopped commercial motor vehicle in the direction of approaching traffic. Again, a warning device shall be placed at 100 feet from the stopped commercial motor vehicle. Many truck drivers stop and only put a warning out at ten feet which is not sufficient to warn drivers.

When the commercial motor vehicle is stopped near a hill, curve or obstruction then the motor vehicle driver and truck driver is required to place the warning signal in the direction of the obstruction to view a distance of at least 100 feet to 500 feet from the stopped commercial motor vehicle so as to avoid the oncoming traffic ample warning of the stopped commercial motor vehicle. This 500 foot requirement is very rarely followed and many of the tractor-trailer accidents we are see are near hills, curves and other natural or man-made obstructions that prevent a driver from seeing the hazard until the last moment when it is too late to avoid the accident.

There is a different rule during daylight than for nighttime. During daylight hours three bidirectional reflective triangles or three lighted fusees or liquid burning flares shall be placed out to warn the oncoming traffic. If the truck driver is in a business or residential district there are different rules.

Night time driving is more dangerous and requires luminescent triangles and or the fusees mentioned above. Many truck drivers simply stop and put a triangle out at about 10 feet and this does absolutely nothing to warn anyone driving over a certain speed to have ample time to avoid the collision. Over the years, I have had many cases where truck drivers stopped and did not put out any type of triangles, fusees or other warning devices and people did not see the stopped tractor trailer until it was too late. Those injured drivers usually have very serious injuries including death, amputation and paralysis. In one case I handled, a truck driver got his tractor-trailer stuck across the highway in a U-turn at nighttime. Several people drove into the tractor-trailer because of the lack of visibility of it. These cases always turn into havoc, misery and truly horrific injuries and deaths.

When you hire a truck accident lawyer or a truck accident attorney you really need to know if they are familiar with the FMCSRs, the management training materials which interpret the FMCSRs so that they understand and comprehend the FMCSRs and the BASICs as well as interpreting regulatory published information that is put out by the Department of Transportation (DOT) and by the Federal Motor Carrier Safety Administration (FMCSA) as well as by companies who produce documents to train truck drivers on how to comply with the FMCSRs and the BASICs.

The lawyers and attorneys at Brad Pistotnik Law are skilled lawyers who have been and are mentored and trained to understand the unique complexities of tractor-trailer accidents and large and small fleet vehicle cases as well as any motor vehicle accident that involve a business owned vehicle with a driver who is working in the course and scope of supervision and training for the company. This could be a fleet of vehicles like an electric contractor company, a fleet of vehicles in a plumbing company, a fleet of vehicles in a delivery company of any type or even smaller groups of vehicles that are involved in furthering company business to make a buck. If you or a loved one has been injured by a truck driver, a fleet vehicle driver or a commercial motor carrier, you need the help of Brad Pistotnik Law and our group of attorneys including Brad Pistotnik, Tony Atterbury, Bill Barr, Jay Sizemore and Corey Sucher as well as our trained staff of case managers, paralegals and legal assistants and legal direct care staff to help you get the money you truly deserve.

Brad Pistotnik Law helps people in Kansas, Missouri, Illinois, Nebraska, Oklahoma, Florida and Texas as well as other states. Our staff of over 20 attorneys, case managers, legal assistants, paralegals and legal care staff are here to serve you and your family and we are dedicated to serving others who are truly in a time of need. Whether you had a car accident, truck accident, motorcycle accident, motor scooter accident, a slip and fall or other injury involving human injury and bodily injury, we are here to help you. We help people in Wichita, Kansas City, Olathe, Gardner, Dodge City, Colby, Hays, Salina, Ness City, Scott City, Phillipsburg, Beloit, Cuba, Omaha, Lincoln, Hutchinson, Fredonia, Independence, Coffeyville, Pittsburg,, Kingman, Pratt, Wellington, Winfield, Arkansas City, Great Bend, Bird City, Kinsley, Satanta, Clinton, Oklahoma City, El Reno, Tulsa, Blackwell, Ponca City, Decatur, Guymon, Chicago, Springfield, Warrensburg, Dallas, Fort Worth, Denton, Laredo, Padre Island, Boston, Palm Beach, Fort Lauderdale, Key West, Key Biscayne, Naples, Tampa, Pensacola, and other cities and states, then please call for your free legal consultation 24 hours a day and 7 days a week, even on holidays and weekends.

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