Truck Driver Could be Held Liable for ‘Negligent Parking’

We’ve all gotten frustrated at some point by the careless way that another driver has parked a vehicle. But did you ever think that somebody could be sued because of it?

That actually happened recently when a truck driver pulled off a freeway in San Bernardino, California to eat his lunch. He parked in a dirt area alongside the interstate in a spot where he had routinely pulled over in the past to eat – while ignoring an “Emergency Parking Only” sign that the California Highway Patrol had put up there because so many truckers were parking for non-emergency reasons.  While the trucker was eating, a driver lost control of his vehicle and slammed into the rear of the parked truck, dying instantly.

A jury found that the trucking company was 10 percent at fault because its driver parked in a dangerous spot on the highway with no good reason, thus increasing the likelihood that any traffic mishap would lead to a serious injury or death. Therefore, the trucking company was responsible for a portion of the damages.

The trucking company appealed, but the California Supreme Court agreed with the jury and said careless parking can result in a trip to court.

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Lipschutz & Friedman

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