Can a Legally Parked Truck Still Constitute Negligence?
A recent case has held, for the first time, that even if a truck is parked legally, the owner/driver may still have been negligent in selecting where the truck was parked. In this recent case, a Safeway truck was legally parked on Highway 101, at a T-intersection. The plaintiffs were riding a motorcycle on Highway 101. To their right was a legally parked Safeway Truck, as they approached an intersection. A defendant, driving a pick up truck, pulled from the plaintiffs’ right, and collided with the motorcycle/plaintiffs. The pick up truck driver’s view to his left was partially blocked by the Safeway truck. The court held that even though the truck was legally parked, and had parked there dozens of times, the driver could still be negligent in the selection of where he chose to park. There were some limiting factors, such as the size of the truck, the training that the driver received, the intersection, and alternative locations. However, this was a very interesting, and unexpected outcome.