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.
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