Who's Liable When a Parked or Disabled Truck on the I-95 Shoulder Causes a Crash Near Florence?

Commercial trucks may be parked or disabled on I-95 shoulders near Florence for a variety of reasons. Truck parking shortages, mechanical breakdowns, driver medical events, and simple exhaustion may lead to being stopped in dangerous shoulder locations. When a following driver fails to see or react in time, the results can be catastrophic.

These crashes can involve serious injuries, especially when a vehicle traveling at highway speed strikes a stationary trailer. They also involve legal questions that go beyond the driver who struck the parked truck, including questions about why the truck was there, whether it was properly warned to other traffic, and who allowed it to stop in that location.

The points below cover how liability is typically analyzed after a crash involving a parked or disabled truck on the I-95 shoulder near Florence.

Why Parked and Disabled Trucks Are Common on I-95 Near Florence

Several conditions contribute to the number of trucks stopped on I-95 shoulders in the Florence area:

• Truck parking shortages at nearby travel centers
• Drivers running out of hours before finding legal parking
• Mechanical breakdowns during long-haul trips
• Drivers stopping to check loads, adjust straps, or handle paperwork
• Weather-related stops during storms
• Driver medical events

Each of these situations produces a different set of facts, but all can result in a serious rear-end or underride collision.

What the Rules Require of a Stopped Truck

Commercial trucking rules may require drivers of disabled vehicles to use hazard flashers and warning devices to alert approaching traffic.  Requirements typically include:

• Immediately activating hazard warning flashers
• Placing warning devices such as reflective triangles at specific distances
• Placing devices within a defined time after stopping
• Additional requirements for stops on divided highways or in low visibility

Failing to follow these requirements can be important evidence when a following driver strikes the parked truck.

Common Crash Types With Shoulder-Parked Trucks

Crashes involving parked or disabled trucks on the I-95 shoulder near Florence typically involve:

• Rear-end collisions with the back of the trailer
• Underride crashes where a passenger vehicle wedges beneath the trailer
• Sideswipes during evasive maneuvers
• Multi-vehicle chain reactions
• Crashes involving drivers who move onto the shoulder to avoid something else

For related background, see our overviews of rear-end truck accidents in Florence and truck underride accidents in Florence.

Underride Risk in Shoulder Crashes

Underride crashes are particularly dangerous because the passenger vehicle can slide beneath the trailer, striking directly at the level of the passenger compartment. Rear underride guards are required on most trailers, but effectiveness varies with speed, angle of impact, and guard condition.

When a passenger vehicle strikes a shoulder-parked trailer at highway speeds, injuries can be catastrophic.

Analyzing Liability After a Shoulder Crash

Sorting out responsibility after a shoulder crash generally involves reviewing:

• Why the truck was stopped
• How long it had been stopped
• Whether hazard flashers were activated
• Whether warning devices were placed properly and on time
• How visible the trailer was at the time of the crash
• Whether the truck could have safely reached an exit or truck stop
• What the following driver was doing before the crash

Different facts point to different parties bearing responsibility, and cases often involve shared fault.

Comparative Fault in Shoulder Crashes

South Carolina follows a modified comparative fault rule. In a shoulder crash, both drivers may have some share of responsibility. Recovery for the injured driver may be reduced by their percentage of fault, and if it exceeds a certain threshold, recovery may be barred entirely.

For more on this issue, see our overview of comparative fault in a Florence truck accident.

Parties Who May Be Liable

Depending on the facts, parties potentially involved in a shoulder crash claim may include:

• The truck driver
• The motor carrier
• A maintenance contractor if a mechanical failure caused the stop
• A vehicle or component manufacturer in some cases
• A roadside