Texas fatal- pickup slams trucker parked on shoulder

Texas transportation code seems to say that stopping on the right shoulder is okay (if "necessary"), and on the left only if it's an emergency. Was this necessary? Well, more so than driving while programming a gps (if that's too complicated for the driver, sometimes it can be). Is anything necessary? Not necessarily (depends on double standards and their orders of operation).

Sec. 545.058. DRIVING ON IMPROVED SHOULDER (* Improved shoulder means a paved shoulder).

(a) An operator may drive on an improved shoulder to the right of the main traveled portion of a roadway if that operation is necessary and may be done safely, but only:

(1) to stop, stand, or park (* "stand" or "standing" means to halt an occupied or unoccupied vehicle, other than temporarily while receiving or discharging passengers, "park" or "parking" means to stand, as defined here, "stop" or "stopping" means to completely cease movement when required; or when prohibited, to halt, including momentarily halting, an occupied or unoccupied vehicle, unless necessary to avoid conflict with other traffic or to comply with the directions of a police officer or a traffic-control sign or signal);

(2) to accelerate before entering the main traveled lane of traffic;

(3) to decelerate before making a right turn;

(4) to pass another vehicle that is slowing or stopped on the main traveled portion of the highway, disabled, or preparing to make a left turn;

(5) to allow another vehicle traveling faster to pass;

(6) as permitted or required by an official traffic-control device; or

(7) to avoid a collision.

(b) An operator may drive on an improved shoulder to the left of the main traveled portion of a divided or limited-access or controlled-access highway if that operation may be done safely, but only:

(1) to slow or stop when the vehicle is disabled and traffic or other circumstances prohibit the safe movement of the vehicle to the shoulder to the right of the main traveled portion of the roadway;

(2) as permitted or required by an official traffic-control device; or

(3) to avoid a collision.

(c) A limitation in this section on driving on an improved shoulder does not apply to:

(1) an authorized emergency vehicle responding to a call;

(2) a police patrol; or

(3) a bicycle.


What? People are riding bikes on the left shoulder, yeah that's safe!

 

Otherwise, not all states have the same laws about parking (or driving) on the shoulder, I presume (and it can be limited by signs for emergency parking only).

Federal regulations say that operators of commercial vehicles can park on the traveled portion or shoulder of a highway only if emergency flashers are immediately activated and warning devices are placed as soon as possible, or in the case of hazardous materials (particularly division 1.1, 1.2, or 1.3), it must be avoided when at all possible (except for brief periods when impracticable to stop elsewhere if it isn't explosive), and the vehicle must be attended at all times with any type of hazmat (in addition to placing warning devices on or beside the road). If attending the vehicle (§397.5), you at least have to be awake and not in the sleeper, so this implies that you can't park a truck with any amount of hazmat and sleep on a shoulder or ramp (regardless of state law allowing for whatever), and in any case since you have to place warning devices, it isn't a good idea to stop for long periods where such devices are necessary (it's obviously considered a potential emergency in and of itself, regardless of why you're stopping or what you're hauling).

It would be a violation of these regs to stop and program a gps before placing the warning devices first (up to 10 minutes are allowed, but they say to place them "as soon as possible"). So it has to be the first thing you do after activating the emergency flashers, if you decide that stopping on the shoulder is worth the trouble (and in this case the driver may well have been run over in the process, as the other vehicle collided with the truck in that time frame), it's also a risk you're taking to stop there, given that you have to get out and walk along the road to comply with federal code (CYA, but not necessarily)...

§48.6421-4 Meaning of terms.

(d) Highway. The term “highway” includes any road, whether a Federal highway, State highway, city street, or otherwise, in the United States which is not a private roadway.

Sounds like even local P&D drivers are required to place warning devices as specified in §392.22 (Emergency signals; stopped commercial motor vehicles), unless in "Business or residential districts. The placement of warning devices is not required within the business or residential district of a municipality, except during the time lighted lamps are required and when street or highway lighting is insufficient to make a commercial motor vehicle clearly discernable at a distance of 500 feet to persons on the highway". So basically if you're on a city street with no (or few) street lights other than in daylight, or any other "highway" in daylight too (get out and look out).

In the case of programming a gps, or stopping in general, it would be legal at the federal level (which is enforced or must be followed when more strict than state law) to get off at an exit onto a city street and stop without blocking too much traffic (such as a middle lane), with just the flashers on, as long as there was enough visibility to avoid setting out warning devices (which should be safer, if not more convenient, unless it's explosive freight, as for parking close to the traveled portion of a roadway, and the gps would hopefully guide you out of there). As far as limiting the use of electronic devices, hand-held phones and texting is prohibited while the engine is running, although no mention of a GPS is in there, so it seems as long as you're not holding it (or it's also a phone that sends texts), you can push a button or two, just like you can operate switches on the dash. I don't see this being a mandatory stop as for conforming to electronic device regs, seems it's at our discretion (like operating a cb or weather radio). Maybe state law differs though.

 

Logic would have to agree with this. BUT, thanks to lawyers and insurance companies, logic was thrown out years ago. And so many people are unwilling and/or unable, to take responsibility for there own actions.

 

Not in Alaska.

 

That's only if someone on a bike is programming their gps, or if the situation with the truck were reversed (ok, it could have been two cars, in TX).

I think the logic here is that the photometry test of standard reflex relectors (reflective tape) required on trucks is 100 feet, so the same goes for triangles, spaced apart to give the truck a 500 foot line of visibility, in addition to flashing lights, which may or may not be visible from 500 feet (depending on road conditions, slope, competing lights, etc). Even though all other vehicles are not required to be spaced apart 500 ft on the road, the relative velocity of a moving vehicle hitting a stopped one that doesn't move much when hit is massive, hence someone died (could have been suicide, but the note would have burned too).

Some people, or most to some extent, just can't judge speed and position very well, I see them changing lanes to get behind slower moving vehicles, that I'm following at a distance, only to swerve around them two seconds later... after they did the same thing behind me (you'd think that would be a big clue). Apparently they need more than lights or reflective tape to determine that a great big vehicle is stopped. I wonder if as many cars run into buildings (and why they don't require a high visiblity ensemble on poles outside of those). Supposedly drunk drivers are drawn to high vis devices, and most likely to hit them in particular, so don't stand behind the vehicle either.

My question is when one trucker hit another parked truck on the shoulder, which has to have happened, did the question of the trucker that got hit being at fault come up? And did the fire extinguisher in this case not work very well before the fire department used theirs? Probably dead on impact, but what do our extinguishers work on, tires, a tire?

I've seen one used to stop a runaway engine though.

 

was just in Nevada and Utah, depending on the highway, some exits do have parking, Utah has them for fatigued driver's . but I must correct myself, there are pullouts as well for the many, dependung on where you're at.

 

I'll tell you why it is the truck driver's fault. Because society needs someone to point there finger at and say, "That's the bad guy!" Anyone that can't see you parked on the shoulder has no business holding a drivers license. That's the reality society doesn't want to be accountable for. Everything is the truck driver's fault. I always thought we should be able to stand near an accident while people are driving by, holding signs that say things like, "This is what happens when you don't slow down" or "This is the result of jumping in front of trucks."

 

That seems like a jaded point of view.

They need someone to be accountable and since the other guy is dead,.. there is only one other person to go after. Natural selection has taken its course.

I dont feel the driver should be severely punished for parking on the shoulder. Perhaps a slap on the wrist and the memory to remind him of the danger of parking anything within 10 ft of the right of way.

Driver did not deliberately cause the death. But his decision to park so close the right of way did in fact contribute to the cause and the end result. This is what the lawyers will argue. Wrong place at the wrong time. Its not a matter of right or wrong. Look at OJ Simpson's wrongful death case. They never proved he killed anyone. Yet he was still made accountable.

Other drivers should take note of this and re-evaluate where they decide to stop their truck. Dont think of just your own safety,.. but of other motorists as well. What if a mother is distracted by her kids and she veers off? Could you live with the death of a family,.. fault or not? This what I think of when I drive and handle my truck. Right or wrong, black or white,.. those are not the main issues. What can you do to protect other motorists,.. even the stupid ones. Life is a precious commodity.

Hurst

 

So does that.

 

I think that even if you set the triangles out and someone ran them over on the way to hitting the truck, they'd say well those were improperly placed...