Results + Publications

Transportation – Tractor-Trailer Hazard

Attorney Involved | Mark W. Shaughnessy

The plaintiff, a passenger in a moving truck, sued my client, the defendant tractor-trailer driver, alleging that the tractor trailer driver was negligent in leaving his vehicle at the side of the highway causing a hazard to traffic.

Prior to the motor vehicle accident involving the plaintiff, the defendant tractor-trailer driver jackknifed and slid off the wet roadway into the breakdown lane. The plaintiff, a passenger in a truck operated by a coworker, testified that the tractor-trailer jackknife caused an obstruction in the roadway. He testified that the operator of the moving truck was forced to swerve into the breakdown lane, striking a parked vehicle.

The plaintiff alleged that the defendant tractor-trailer driver violated state and federal regulations with regard to placing cones, flares, and triangles to warn oncoming traffic of a disabled vehicle. The plaintiff also alleged that the defendant tractor-trailer driver violated Federal Motor Carrier Safety Regulations and state regulations regarding moving tractor-trailers after an accident.

The defense theory focused on the fact that the accident involving the jackknifed tractor-trailer was unavoidable due to the traffic and weather conditions at the time of the accident. Moreover, the principal defense theory was that the tractor-trailer jackknifed away from the travel lanes and, therefore, did not present a hazard to other vehicles on the highway. An argument was also presented that the defendant tractor-trailer driver did not have sufficient time to exit his vehicle to place warnings and cones in the roadway.

The jury returned a defense verdict in favor of my client.


Contact Us

We invite you to contact our office to learn more about our services, and to discover further information about our attorneys and services. Our team looks forward to serving your needs in the future.


695 Atlantic Ave, Boston, MA 02111, USA


25 Braintree Hill Office Park, Braintree, MA 02184, USA


280 Trumbull Street, Hartford, CT 06103, USA


650 Elm Street, Manchester, NH, USA


254 Commercial St, Portland, ME 04101, USA


1 Turks Head Place, Providence, RI


800 Westchester Avenue, S-606 Rye Brook, NY 10573


46 Lincoln Corners Way, Woodstock, VT 05091


100 Front Street, Worcester, MA 01608, USA

  • This field is for validation purposes and should be left unchanged.