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Charlotte crash highlights rule that tractor trailer drivers when stopped must put out reflective triangles or flares

As a trucking accident attorney in Atlanta, Georgia, I try to keep up with what ‘s going on in neighboring states. Yesterday morning in Charlotte, NC, a motorist was killed when he hit the rear of a parked tractor trailer in an emergency lane.

The Federal Motor Carrier Safety Regulations, at 49 C.F.R. ยง 392.22, requires that when a tractor trailer stops on a highway or shoulder, the driver must activate hazard warning signal flashers, and within ten minutes must place either bidirectional reflective triangles or flares.

I don’t know the details of this tragedy in Charlotte, but I do know some of the questions that should be asked.

Ken Shigley is a trucking safety trial attorney representing seriously injured people and families of people killed in tractor trailer, big rig, semi, intermodal container freight, cement truck, dump truck and bus accidents statewide in Georgia. Involvement in individual cases in other states is undertaken in strict compliance with the multijurisdictional practice and pro hac vice rules of each state.

He served as chair of the Southeastern Motor Carrier Litigation Institute in 2005, is a national board member of the Interstate Trucking Litigation Group of the American Association for Justice, and is on the National Advisory Board for the Association of Interstate Trucking Lawyers of America.

Mr. Shigley has extensive experience representing parties in interstate trucking collision cases, and in the past two years has spoken at national interstate trucking litigation seminars in Chicago (trucking insurance), New Orleans (trial tactics and side underride issues), St. Louis (punitive damages), San Francisco (dealing with insolvent trucking companies), Atlanta (trucking insurance, closing argument), Nashville (use of Federal Motor Carrier Safety Regulations), and Amelia Island (overview of trucking litigation).

A Certified Civil Trial Advocate of the National Board of Trial Advocacy, he has been listed as a “Super Lawyer” (Atlanta Magazine), among the “Legal Elite” (Georgia Trend Magazine), and in the Bar Register of Preeminent Lawyers (Martindale). In addition to trucking litigation, he has broad experience in products liability, catastrophic personal injury, wrongful death, spinal cord injury, brain injury and burn injury cases. Currently he is Treasurer and a candidate for President-Elect of the 41,000 member State Bar of Georgia.This post is subject to our ethical disclaimer.