As truck parking decreases the legal risk of accidents from improper truck parking increases.
The double-edged dilemma poses a new problem for trucking companies.
Illegal parking, in violation of a statute, regulation, or ordinance, may automatically make transportation companies negligent if an accident occurs.
The law calls this automatic negligence or "negligence per se".
It applies when a law is violated and an accident occurs.
There are several things to consider.
First, "negligence per se" is not automatic just because a law is violated, such as illegal parking.
The harm suffered must be the type that the law sought to prevent.
For instance, the intent of a law that says no parking in front of fire hydrants is to ensure access to a fire hydrant when there is a fire.
Thus, if a vehicle is illegally parked in front of a fire hydrant and is struck by another vehicle causing injuries, it does not mean that the driver of the illegally parked vehicle is "negligent per se".
The injury that occurred was not the harm sought to be protected by the law.
Second, each state has its own rules as to the effect of a ticket with regard to "negligence per se".
Some states say paying the ticket cannot be used in a lawsuit.
Others allow you to pay without admitting negligence, but have a particular procedure for doing so.
Yet others say you admit negligence when you pay the ticket.
The key - check the traffic related law of the particular state as to how to address the ticket to keep it from making you automatically negligent ("negligent per se") in any lawsuit.
Third, even if the violation is found to be "negligence per se", the other side must still prove that the violation was the cause of the injuries.
If they don't, you are not responsible for the damages to the injured party.
Fourth, even if a defendant was not found "negligent per se" for illegal truck parking, they can still be found liable.
The key then is whether or not the defendant is negligent for failure to act with reasonable care and his/her actions caused injury to the plaintiff.
In that case the question is whether or not it was reasonable for the defendant to park in the manner that he/she parked.
This would look at the specific facts involved - location of the parking, lightning, warnings, spacing for traffic, etc.
As with all legal matters, consulting a professional can be crucial to understanding the nuances of a truck parking or transportation litigation related situation.
More strangely, however, is that mundane issues like a decrease in truck parking could prompt a corresponding increase in such matters.