Last Updated: January 28, 2026
On a dark stretch of Interstate 81 in Virginia, a man was driving when over a rise and suddenly encountered a tractor-trailer parked on the shoulder with no warning devices deployed. The driver did not have time to react. The car struck the rear of the trailer at highway speed and 30-year old Michael Kreul was killed instantly.
The truck driver was inside the truck. He wasn’t experiencing a mechanical breakdown or emergency. The truck driver had simply pulled over on the side of an interstate highway rather than drive to a truck stop. He never deployed warning triangles, never activated his hazard lights, and parked his truck where oncoming traffic couldn’t see it until it was too late.
This wasn’t an unavoidable accident. It was entirely preventable, and it’s far from unique. These crashes are especially problematic on Interstate 81 in Virginia, as truckers claim that there are not a sufficient number of parking spaces for tired truckers.
Video About Sitting Duck Truck Crashes
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The Problem with Parked Trucks Near Roads
Trucks parked on or near roadways—what the trucking industry grimly calls “sitting ducks”—cause hundreds of serious accidents and dozens of deaths every year in the United States. These accidents are particularly tragic because they’re almost entirely preventable through basic safety measures. Truck drivers are trained to follow these measures but too often ignore them.
As Virginia’s only board-certified truck accident attorney, I’ve seen firsthand the devastation caused to families in sitting duck accidents. These cases are infuriating because the rules are clear, the safety measures are simple and inexpensive, and the consequences of ignoring them are catastrophic and foreseeable.
In this article, I want to explain what sitting duck accidents are, why they’re so dangerous, what federal regulations require when trucks must stop on roadways, why drivers violate these rules, who can be held liable when these accidents occur, and what families need to know if they’ve lost someone in one of these preventable crashes. In short, I’ll explain why sitting duck trucks are so dangerous are why they kill so many people.
What Are “Sitting Duck” Accidents?
A sitting duck accident occurs when a vehicle—typically a passenger car—strikes a commercial truck or trailer that is stopped on or near the roadway. The term “sitting duck” comes from the trucking industry itself, acknowledging that these parked trucks are essentially stationary targets waiting to be hit. These are trucks that are unlawfully parked in or on the roadway for a number of reasons.
Why “Sitting Duck” Is the Perfect Term
The phrase captures the fundamental problem: unlike a moving vehicle that other drivers can track and predict, a stationary truck on a roadway is unexpected. Drivers traveling at highway speeds don’t anticipate encountering a massive obstruction in or near their travel lane. When they suddenly come upon a parked truck—especially at night, over a hill crest, around a curve, or in poor weather—they often have insufficient time and distance to stop.
The truck is just sitting there, unable to move out of the way, waiting to be struck. Like a sitting duck.
The Scale of the Problem
Determining the exact number of sitting duck accidents is difficult because crash data doesn’t always clearly identify whether a struck truck was moving or stationary. However, research and data provide concerning insights:
NHTSA data analysis indicates that crashes involving stopped or disabled trucks on roadways account for a significant portion of truck-involved fatalities, with several hundred deaths annually in scenarios where trucks were parked on or very near travel lanes.
FMCSA crash causation studies have identified “vehicle stopped in roadway” as a contributing factor in numerous fatal crashes, though many go unreported in official statistics because the stopped vehicle isn’t always coded as the primary cause even when it clearly was.
Anecdotal evidence from the trucking industry suggests these accidents are far more common than official statistics reflect, with trucking safety advocates estimating that inadequate warning device deployment contributes to hundreds of preventable crashes each year.
Common Scenarios Leading to Sitting Duck Accidents
These accidents occur in several predictable patterns:
Mechanical breakdowns: The truck experiences mechanical failure—engine problems, tire blowouts, brake failure—forcing the driver to stop. If the driver fails to properly deploy warning devices or stops in an unsafe location, a crash may result.
Running out of fuel: Drivers who miscalculate fuel consumption or ignore low fuel warnings sometimes run out of diesel on highways, leaving the truck stranded in dangerous locations.
Deliberate parking for rest: Some drivers, facing hours of service limits or fatigue, pull over on highway shoulders or even in travel lanes to sleep rather than driving to designated parking areas. This is never acceptable but happens with disturbing frequency.
Illegal parking at night: Drivers park on shoulders to make cell phone calls, check cargo, or take breaks, often without deploying warning devices because they intend to be stopped “only for a minute.”
Accident scene positioning: After being involved in a crash, trucks sometimes end up stopped in dangerous positions. If the driver fails to immediately deploy warning devices, secondary crashes can occur.
Poor visibility locations: Trucks stop just over hill crests, around curves, or in areas where sight distance is limited, making them invisible to approaching traffic until it’s too late.
Why These Accidents Are So Dangerous
Sitting duck accidents combine several factors that make them uniquely deadly:
The Speed Differential
In a typical highway crash, both vehicles are moving, which means the closing speed (the speed at which they approach each other) is the difference between their speeds. If one car is going 70 mph and another is going 60 mph, the closing speed is only 10 mph.
In a sitting duck accident, one vehicle is completely stationary. If the approaching vehicle is traveling at 70 mph, the closing speed is 70 mph—the full highway speed. This massive speed differential creates enormous impact forces.
Lack of Reaction Time
Drivers traveling at highway speeds scan the road ahead for hazards, but their brains are calibrated to expect moving vehicles, not stationary obstacles. When drivers suddenly encounter a parked truck—especially in low visibility conditions—their reaction time is delayed because:
Their brains must first process that the object ahead isn’t moving (which takes precious tenths of a second longer than identifying a moving vehicle). By the time they recognize the truck is stationary and begin braking, they’ve already closed much of the distance. At 70 mph, a vehicle travels 103 feet per second. Even a half-second delay in recognition costs 50 feet of stopping distance.
Inadequate or Absent Warning Devices
Federal regulations require specific warning devices to be deployed when trucks stop on roadways. When drivers fail to deploy these devices—or deploy them improperly—approaching motorists receive no advance warning that a massive obstacle is ahead.
Without warning triangles, flares, or other devices placed at the required distances (200 feet, 100 feet, and 10 feet behind the truck), drivers have no opportunity to begin slowing before they’re dangerously close to the stopped truck.
Underride Risk
Many sitting duck accidents result in underride crashes, where the passenger vehicle strikes the truck at or near the trailer’s rear and slides underneath. As I discussed in my article about underride accidents, these crashes are uniquely deadly because:
The passenger car’s front-end safety features (bumper, crumple zones, airbags) are bypassed. The trailer’s bottom edge enters the passenger compartment at windshield level. Occupants suffer catastrophic head and upper body injuries. Decapitation or near-decapitation injuries are common.
Rear underride guards—which are federally required but often inadequate—frequently fail in high-speed impacts, allowing full underride to occur.
Multiple Vehicle Pileups
On busy highways, a sitting duck accident often triggers secondary crashes. The initial collision may create debris, slow or stop traffic, or cause other vehicles to swerve. This can lead to chain-reaction crashes involving multiple vehicles and numerous casualties.
Interstate highways where trucks park on shoulders are particularly prone to these multi-vehicle pileups, especially in poor visibility conditions.
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Federal Regulations: What the Law Requires
Federal Motor Carrier Safety Regulations establish clear, specific requirements for what truck drivers must do when they must stop on or near a roadway.
49 CFR § 392.22: Emergency Signals and Devices
This regulation, found in Part 392 (Driving of Commercial Motor Vehicles), establishes mandatory requirements for stopped commercial vehicles.
The regulation requires:
Immediate activation of hazard warning lights: The driver must immediately activate four-way emergency flashers (hazard lights) when the vehicle is stopped on the traveled portion or shoulder of a highway.
Deployment of warning devices within 10 minutes: Within 10 minutes of stopping, the driver must place warning devices (typically reflective triangles) at specified distances and locations.
Specific placement requirements: Warning devices must be placed at three locations:
– One on the traffic side of the vehicle, within 10 feet (approximately 4 paces) of the rear
– One approximately 100 feet (approximately 40 paces) to the rear in the center of the traffic lane or shoulder the vehicle occupies
– One approximately 100 feet (approximately 40 paces) to the front of the vehicle in the center of the traffic lane or shoulder the vehicle occupies
Special requirements for certain locations:
When a commercial vehicle is stopped within 500 feet of a curve, crest of a hill, or other obstruction to view, the driver must place warning devices at greater distances to provide adequate warning to approaching traffic—specifically 100 to 500 feet in the direction of the obstruction.
When stopped on a one-way or divided highway, the driver must place one warning device 10 feet to the rear, one 100 feet to the rear, and one 200 feet to the rear. 49 C.F.R. 392.22(b) spells out these specific requirements.
Required Warning Devices: 49 CFR § 393.95
Commercial vehicles must carry warning devices that meet specific federal standards, as set forth in 49 C.F.R. 393.95:
Three bi-directional emergency reflective triangles: These must be designed to be placed on the roadway to warn approaching traffic.
Alternative devices: Six fuses, three liquid-burning flares, or three red emergency reflectors may be carried instead of triangles (though triangles are most common).
Specifications: Devices must be visible from at least 500 feet under normal atmospheric conditions when illuminated by upper beams of standard automobile headlights.
The 10-Minute Rule Is Critical
The requirement to deploy warning devices within 10 minutes is not arbitrary. It reflects the reality that on busy highways, a vehicle can approach a stopped truck and strike it within minutes—or even seconds—of when the truck stops.
Waiting longer than 10 minutes to deploy warning devices dramatically increases crash risk. Unfortunately, many drivers never deploy devices at all, or deploy them only after they’ve been stopped for extended periods.
Exceptions to the Rule (Very Limited)
The regulations provide extremely limited exceptions:
Very brief stops (under 10 minutes) where the driver remains in the vehicle and can move it immediately if necessary. However, this exception does NOT apply if the vehicle is stopped in or near the traveled portion of the roadway.
Stops in urban areas with street lighting may have somewhat relaxed requirements, but the driver must still activate hazard lights and take reasonable steps to warn traffic.
Importantly, there is no exception for nighttime rest stops, convenience stops, or parking to sleep. These activities must occur in designated safe parking areas, not on highway shoulders.
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Why Drivers Violate These Rules
If the regulations are clear and the safety measures are straightforward, why do truck drivers regularly violate them?
Laziness and Inconvenience
Deploying warning triangles requires the driver to exit the truck, walk distances of 100 and 200 feet in both directions from the vehicle (potentially crossing active traffic lanes), place the devices properly, and then retrieve them when leaving. In bad weather, darkness, or on busy highways, this can be unpleasant or intimidating.
Some drivers simply don’t want to make the effort, especially if they believe they’ll only be stopped briefly.
Ignorance of Specific Requirements
While all CDL holders are taught about warning device requirements, some drivers:
– Don’t understand the specific distance requirements (10 feet, 100 feet, 200 feet)
– Don’t know about the increased distances required near curves and hills
– Think activating hazard flashers is sufficient
– Believe parking on the shoulder doesn’t require warning devices
Misplaced Confidence
Drivers sometimes believe their truck is:
– Sufficiently visible without warning devices
– In a safe enough location that devices aren’t necessary
– Only stopped briefly so devices aren’t needed
This overconfidence is deadly. Trucks are far less visible than drivers think, especially at night, in poor weather, or in locations with limited sight distance.
Time Pressure
Drivers facing tight delivery schedules or hours of service limits sometimes skip proper warning device deployment to save time. They’re focused on resolving the mechanical issue or completing their rest period quickly, and view safety measures as expendable.
Inadequate Training or Enforcement
Some trucking companies provide minimal training on emergency procedures. Drivers may never practice deploying warning devices during training. Companies that don’t enforce proper procedures through monitoring or discipline create cultures where shortcuts are acceptable.
Parking to Sleep on Highway Shoulders
Perhaps most egregiously, some drivers deliberately park on highway shoulders to sleep rather than driving to truck stops or rest areas. This happens when:
Truck stops are full: The chronic shortage of safe truck parking means drivers sometimes arrive at rest areas to find all spaces occupied.
Driver misjudges hours of service: A driver realizes they’re about to violate hours of service limits and pulls over wherever they are rather than risk a violation.
Laziness or poor route planning: Some drivers simply don’t want to drive the extra miles to a safe parking area.
None of these justifications excuse parking on an active highway shoulder. The risks are simply too great, and there are almost always safer alternatives available.
The “Moth Effect” and Other Psychological Factors
Beyond regulatory violations, sitting duck accidents are made worse by psychological phenomena that affect how drivers perceive and react to stopped vehicles.
The Moth Effect (Target Fixation)
Traffic safety researchers have identified a phenomenon called “target fixation” or the “moth effect,” where drivers approaching a hazard tend to steer toward it rather than away from it. Studies have shown that the moth effect is real and can cause drivers to steer in the direction of intense fixation.
How it works: When a driver sees an obstacle ahead (like a stopped truck), their eyes fix on it. Because drivers tend to steer where they look, they unconsciously guide their vehicle toward the very obstacle they’re trying to avoid.
Why it happens: In high-stress situations, the brain’s visual system becomes tunnel-focused on the threat, and peripheral vision narrows. The driver becomes so focused on the stopped truck that they fail to see the open roadway beside it.
The result: Drivers strike stopped trucks that they could have easily avoided by simply steering to the adjacent lane.
This effect is particularly pronounced at night when the truck is illuminated (making it the most visible object) and when drivers are fatigued.
Tunnel Vision in Low Visibility
In darkness, fog, rain, or snow, drivers’ effective field of vision narrows dramatically. They focus intensely on the illuminated area directly ahead, making peripheral hazards (like a truck pulled partially onto the shoulder) invisible until it’s too late.
Speed-Related Perception Failure
At highway speeds, studies have established that drivers’ depth perception and ability to judge distances deteriorates. A stopped truck may appear farther away than it actually is, causing drivers to delay braking until collision is unavoidable.
Liability in Sitting Duck Accidents
When sitting duck accidents cause catastrophic injuries or death, multiple parties may be liable.
The Truck Driver
The driver who failed to properly deploy warning devices or stopped in an unsafe location is almost always primarily liable.
Negligence theories include:
Violation of federal safety regulations: Failing to deploy warning devices within 10 minutes as required by 49 CFR § 392.22 constitutes negligence—the regulatory violation itself strongly suggests negligence.
Failure to deploy warning devices at proper distances: Even if devices are deployed, placing them incorrectly (wrong distances, wrong alignment, inadequate visibility) can constitute negligence.
Stopping in an unsafe location: Stopping just over a hill crest, around a blind curve, or in any location where approaching traffic lacks 500 feet of visibility violates safety standards.
Failing to activate hazard lights: Not immediately activating four-way flashers when stopping violates federal requirements.
Parking for non-emergency reasons: Deliberately parking on a highway shoulder to sleep, make phone calls, or for any non-emergency reason when safer alternatives exist constitutes reckless disregard for safety.
The Trucking Company
The motor carrier that employed the driver and owned or leased the truck faces liability under multiple theories:
Respondeat superior: Automatic employer liability for employee acts within the scope of employment.
Negligent training: Failing to properly train drivers on emergency procedures, warning device deployment, and safe stopping locations.
In some states, Negligent supervision: Failing to monitor whether drivers follow proper safety procedures or enforce compliance with warning device requirements.
Negligent retention: Continuing to employ a driver after prior incidents of improper parking or failure to deploy warning devices.
Inadequate safety policies: Having weak or non-existent policies regarding emergency stops, or creating policies that implicitly discourage proper safety measures (like imposing time pressures that make proper warning device deployment difficult).
Failure to ensure proper equipment: Not ensuring the truck carried required warning devices or that devices were functional and accessible.
Equipment and Maintenance Providers
In some cases, third parties may share liability:
Maintenance providers: If mechanical failure caused the stop, and the failure resulted from negligent maintenance or repairs, the maintenance provider may be liable.
Parts manufacturers: If defective parts caused the breakdown, product liability claims against manufacturers may be appropriate.
Rental/leasing companies: In some circumstances, companies that lease trucks may share liability based on their control over equipment and maintenance.
Government Entities or Government Contractors (Rarely)
In limited circumstances, government entities responsible for roadway design or maintenance might share liability if inadequate shoulder width forced trucks to stop partially in travel lanes. Poor sight distance at a location where trucks frequently stop (known to authorities) contributed to crashes. Lack of adequate lighting at a high-risk location was a contributing factor.
These claims are difficult and face governmental immunity defenses, but may be viable in egregious cases. This is especially true if the government entity contracted with a private company to perform the services in question.
Proving Liability: What Evidence Matters
Sitting duck accident cases require thorough investigation to prove violations and establish liability.
Scene Documentation
Photographs and measurements showing:
– Exact location where truck was stopped
– Distance from curves, hill crests, or obstructions
– Sight distance available to approaching traffic
– Whether warning devices were deployed (and if so, where)
– Truck’s position relative to shoulder and travel lanes
– Road configuration and width
Accident reconstruction: Experts analyze:
– Speed of approaching vehicle
– Available sight distance
– Reaction time and braking distance
– Whether proper warning devices would have prevented the crash
– Whether the truck was parked in a location with adequate visibility
Driver Statements and Logs
Driver interviews (often conducted by investigating officers) where drivers admit:
– How long the truck was stopped before the crash
– Whether warning devices were deployed
– When devices were deployed (immediately or after delay)
– Why the truck was stopped in that location
Electronic logging device (ELD) data showing:
– How long the truck was stationary
– Whether the stop was a planned rest period or unplanned breakdown
Duty status records showing whether the driver was on-duty or in sleeper berth, which can prove the stop was for rest rather than emergency.
Company Records and Policies
- Training records: Did the company properly train this driver on emergency procedures and warning device deployment?
- Prior incident records: Has this driver had previous failures to deploy warning devices or unsafe parking incidents?
- Company policies: What are the company’s written policies regarding emergency stops, and are they adequate?
- Safety audits and compliance reviews: FMCSA inspection and audit results showing the company’s safety culture and compliance history.
Warning Device Evidence
Physical evidence:
– Were warning devices found at the scene?
– Was the truck or tractor trailer equipped with warning devices?
– If so, where were they located (measured distances)?
– Were they properly positioned and visible?
– Were they in working condition?
Photographic evidence: Scene photos showing absence of warning devices or improper placement.
Witness testimony: Did witnesses see the stopped truck before the crash? Did they see any warning devices?
Regulatory Compliance Analysis
Federal regulation violations: Expert testimony establishing that the driver violated 49 CFR § 392.22 and other applicable regulations.
Industry standard violations: Testimony showing the driver’s conduct fell below accepted industry safety standards even beyond minimum regulatory requirements.
Damages in Sitting Duck Wrongful Death Cases
Many sitting duck accidents result in fatalities, often due to underride crashes at high speed.
Economic Damages
Lost income and benefits: The present value of all income and benefits the deceased would have earned over their remaining work life, often valued in the millions for younger victims with significant earning capacity.
Lost household services: In a wrongful death case, the economic value of services the deceased provided to their family—childcare, home maintenance, financial management, etc.
Medical and funeral expenses: Emergency medical treatment (if the victim survived briefly) and funeral costs.
Non-Economic Damages
Sorrow, mental anguish, and solace: Compensation for the family’s grief, emotional suffering, and loss of their loved one’s companionship, guidance, and love in a wrongful death case.
Pain and suffering: in a personal injury case, pain and suffering, including emotional distress and mental anguish, are recoverable.
Disfiguration and humiliation: in a personal injury case, a survivor of a sitting duck crash who has scars from injuries and burns can recover for those damages.
The Particular Tragedy of Preventable Deaths
Sitting duck accident deaths carry special weight with juries because:
They’re entirely preventable: Simply deploying warning devices correctly would have prevented most of these deaths.
They often involve deliberate rule violations: Unlike mechanical failures or unavoidable emergencies, many sitting duck accidents result from drivers choosing not to follow simple safety rules.
The safety measures are simple and inexpensive: Warning triangles cost about $30 – $40. Taking 5-10 minutes to deploy them properly costs nothing. The contrast between this trivial burden and the catastrophic consequences is stark.
Families know their loved one would still be alive: If the driver had simply followed basic safety rules, their family member would be alive today. This knowledge compounds the grief.
Juries understand this and, when liability is clear, award substantial damages reflecting both the magnitude of the loss and the inexcusable nature of the violation.
Punitive Damages in Egregious Cases
Virginia allows punitive damages (capped at $350,000) pursuant to Va. Code § 8.01-38.1 when conduct shows willful and wanton negligence or conscious disregard for the safety of others.
Scenarios supporting punitive damages claims:
Deliberate parking to sleep on highway shoulder: A driver who parks on an interstate shoulder to sleep rather than driving to a truck stop, deploys no warning devices, and causes a fatal crash has shown conscious disregard for safety.
Prior warnings ignored: A driver or company with prior incidents or violations involving improper parking who repeats the conduct demonstrates willful disregard.
Company policies discouraging safety measures: A trucking company that implicitly or explicitly discourages proper warning device deployment to save time shows conscious disregard for safety.
Removing or disabling warning devices: Any evidence that warning devices were intentionally not carried or were disabled supports punitive damages.
What Families Should Do After a Sitting Duck Accident
If you’ve lost a loved one or someone has been catastrophically injured in an accident involving a truck parked on or near a roadway:
1. Preserve Evidence Immediately
Photograph the scene before anything is moved or cleaned up:
– The truck’s exact position
– Whether warning devices were deployed and where
– Sight distance from approaching direction
– Road configuration and conditions
– All vehicles involved and damage
Obtain witness information: Get contact information for anyone who witnessed the crash or saw the truck before the crash.
Document conditions: Note weather, lighting, visibility, time of day.
2. Contact Specialized Legal Counsel
Sitting duck cases involve:
– Federal regulatory violations requiring expertise in FMCSR
– Often underride accident dynamics requiring specialized knowledge of accident reconstruction and human factors
– Multiple potential defendants
– Complex liability and causation issues
You need an attorney who specializes in truck accident cases and understands these specific issues.
3. Identify All Evidence Sources
Your attorney should immediately preserve:
The truck and warning devices: Send spoliation letters preventing the truck from being altered or warning devices from being discarded.
Electronic data: ELD data, GPS data, and other electronic records that show when and where the truck stopped.
Company records: Training records, prior incident reports, policies, and safety audits.
Driver records: The driver’s history, qualifications, prior violations, and employment file.
Scene evidence: Request traffic camera footage, dashcam footage from other vehicles, and any other recordings that might exist.
4. Understand Federal Violations
Your attorney should identify specific regulatory violations:
– Was the 10-minute warning device deployment violated?
– Were devices placed at proper distances?
– Was the truck stopped in a location with inadequate sight distance?
– Were hazard lights activated?
– Were required warning devices even carried on the truck?
Violations may support negligence per se claims, depending on the jurisdiction.
5. Don’t Accept Quick Settlement Offers
Insurance companies often make early settlement offers in sitting duck cases, hoping to resolve them before families understand the full extent of liability and damages.
These accidents often involve:
– Clear regulatory violations
– Egregious conduct (especially deliberate parking)
– Preventable deaths
– Substantial damages
– Multiple liable parties
Early settlement offers rarely reflect the true value of these cases.
The Broader Safety Problem: Inadequate Truck Parking
While individual drivers bear responsibility for their violations, the sitting duck accident problem is exacerbated by a systemic issue: inadequate safe truck parking facilities.
The Truck Parking Shortage
The American Transportation Research Institute (ATRI) has identified truck parking as one of the trucking industry’s most critical challenges:
Insufficient parking spaces: The demand for safe truck parking far exceeds supply, especially in urbanized corridors and along major interstate routes. Many truckers complain that they are forced to park illegally. The Virginia Department of Transportation released a Virginia Truck Parking Study Final Report that agrees with this common complaint.
Full facilities: Truck stops and rest areas often fill up early in the evening, leaving drivers with nowhere legal to park.
Pressure on drivers: Hours of service regulations require drivers to stop after specific driving periods, but if no parking is available when they reach their limit, they face impossible choices.
This Doesn’t Excuse Dangerous Parking
While the parking shortage is real, it doesn’t justify parking on active highway shoulders. There are a number of reasons that drivers should avoid parking on roadways or the shoulders of roads:
Alternatives exist: Drivers can plan routes to include adequate parking opportunities, stop earlier before facilities fill, or contact company dispatch for assistance finding parking.
Safety must come first: No delivery deadline or hours of service pressure justifies creating a deadly hazard on a highway.
Better options are usually available: In most situations, safer alternatives exist—pulling into a business parking lot, exiting the highway to find parking, or driving a bit farther to the next available facility.
Advocacy for more truck parking facilities is important and appropriate. But until those facilities exist, drivers have an absolute obligation not to create deadly hazards by parking on highways.
Recent Regulatory Attention
FMCSA and NHTSA have increased focus on stopped truck accidents in recent years:
Data collection improvements: Better tracking of crashes involving stopped or disabled vehicles to understand the true scope of the problem.
Enforcement campaigns: Increased enforcement of warning device requirements during roadside inspections.
Technology solutions: Exploration of advanced warning systems that could automatically deploy when trucks stop.
Parking expansion initiatives: Federal and state programs to increase safe parking capacity along major freight corridors.
Progress is slow, but regulatory attention is growing as the severity of the problem becomes clearer.
The Bottom Line For Collisions with Stopped Trucks
Trucks parked on or near roadways, also known as “sitting ducks,” cause hundreds of preventable accidents, catastrophic injuries, and deaths every year.
Federal regulations clearly require drivers to deploy warning devices within 10 minutes of stopping, place them at specific distances, activate hazard lights, and avoid stopping in locations with inadequate visibility. These rules exist because sitting duck accidents are predictable, foreseeable, and deadly.
When drivers violate these simple safety requirements—whether through laziness, poor training, time pressure, or deliberate choice to park unsafely—they create enormous risks that too often result in tragedy.
The safety measures required are neither difficult nor expensive. Warning triangles cost under $40. Deploying them takes 5-10 minutes. Activating hazard lights takes one second. Choosing a safer parking location requires basic judgment and planning.
The contrast between these trivial burdens and the catastrophic consequences—families destroyed, children orphaned, devastating injuries, preventable deaths—makes these accidents particularly inexcusable.
When sitting duck accidents occur due to regulatory violations and negligent conduct, holding drivers and trucking companies fully accountable is critical—not just for individual families’ recovery, but to create incentives for the industry to take these simple, life-saving safety measures seriously.
Our Law Firm Can Help in a Sitting Duck Case
If you or a loved one has been catastrophically injured or killed in an accident involving a truck parked on or near a roadway, contact our firm immediately for a free consultation.
As Virginia’s only board-certified truck accident attorney, I have the specialized expertise to handle these cases involving federal regulatory violations, complex liability issues, and often underride crash dynamics.
We’ll thoroughly investigate what happened, document all regulatory violations, identify all potentially liable parties and their insurance coverage, retain necessary experts, and fight for maximum compensation while holding negligent parties accountable.
We work on a contingency fee basis—you pay nothing unless we recover compensation for you.
These preventable tragedies must stop. Until the industry takes safety seriously, we’ll continue fighting for families devastated by sitting duck accidents.
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About the Author: Robert Byrne is a board certified attorney in Truck Accident Law. Bob has helped numerous individuals and families recover and rebuild their lives after deadly and preventable tractor trailer and other commercial motor vehicle accidents. Bob is a frequent lecturer to attorneys across the country about truck collisions, tractor trailer accidents, brain injury litigation, and handling jury trials. Call Bob for a free consultation.
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