Improper Parking Of Commercial Truck Causes Multi-Car Crash
This case involves a commercial truck that caused a multi-car crash on a highway. The commercial truck driver had parked the vehicle on the side of the highway within less than 100 feet of an intersection. Upon parking, the truck driver did not put the truck’s hazard lights on. Because of the size of the commercial truck, the visibility in the intersection was severely obstructed. As a compact car attempted to make a left turn at the intersection, it was immediately t-boned by another vehicle driving at approximately 65 mph. The impact of the crash killed the driver of the compact car and caused several other vehicles to rear-end the crashed cars and others to veer off the road. The passengers of the cars involved in the crash suffered a variety of injuries, including whiplash and head trauma. It was alleged that the driver of the commercial truck violated the regulations designating where such vehicles are permitted to park.
Question(s) For Expert Witness
1. Are you familiar with best practices for truck drivers?
2. Are you familiar with the rules and regulations of where commercial trucks are allowed to be parked?
Expert Witness Response E-037087
I am an expert in the Federal Motor Carrier Safety Regulations (FMCSRs) and best practices for commercial motor vehicle drivers being a former Federal Motor Carrier Safety Administration (FMCSA) Safety Investigator. Stopping a commercial motor vehicle is covered under FMCSRs 392.22 (a) Hazard warning signal flashers, (b) Placement of warning devices is covered under 393.35. An examination of the drivers driver qualification file, training records, drivers logs for the period, inspection report, accident report, citations issued, pictures of the scene, GPS report for truck, trucking company policy manual, etc. should be enough to identify the instances where the company and driver have areas of concern and / or negligence.
In 2002, I graduated from the FMCSA's Safety Investigators Academy and served as FMCSA Special Agent investigating transportation companies throughout the Midwest conducting roadside enforcement, compliance reviews, hazmat material shipper reviews, and accident investigations (both fatal and non-fatal) involving commercial motor vehicles. I have worked in the transportation industry as a safety director, vice-president of safety, and a safety consultant. I have completed several hundred compliance reviews on FMCSRs, PHMSA, OSHA, and conducted thousands of commercial motor vehicle inspection in accordance with the Commercial Vehicle Safety Alliance (CVSA) procedures.
About the author
John Lomicky
John Lomicky is a J.D. candidate at FSU Law with a multidisciplinary background. He earned his Bachelor's degree in Neurobiology and Near Eastern Studies from Georgetown University and has graduate degrees in International Business and Eurasian Studies. John's professional experience includes working in private equity as an Associate at Kingfish Group and in legal business development and research roles at the Expert Institute. His expertise spans managing sales teams, company expansion, and providing consultative services to legal practices in various fields.
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