Last updated · Reviewed by Ron McMinn, Esq.
A truck driver may stop on the freeway shoulder only in limited situations. For who may pay after any big rig crash, including the carrier and a freight broker, see our big rig crash guide. Federal rule 49 CFR 392.22 requires hazard flashers immediately and warning devices within 10 minutes. California uses pure comparative fault, so the truck driver’s and carrier’s conduct, including flashers, warning devices, and the reason for the stop, can also be weighed. Each case turns on its facts.
Early on Sunday, October 25, 2026, a minivan crashed into a semi-truck stopped on the shoulder of the eastbound 210 Freeway in Rialto. Two people in the minivan died at the scene. Crashes like this leave families with hard questions: Was the truck allowed to be there? Who is responsible when a moving car hits a stopped big rig? What happens next?
This article briefly summarizes what has been reported about the Rialto crash. It then explains how California law generally handles collisions with trucks stopped on a freeway shoulder. It does not decide who was at fault in this crash. That is for investigators and, if it comes to it, a court.
What Has Been Reported About the Rialto Crash
According to The Press-Enterprise, the crash happened around 2:30 a.m. on eastbound Interstate 210 west of Riverside Avenue. California Highway Patrol officers and Rialto firefighters found a Honda Odyssey lodged beneath the semi’s trailer. A CHP dispatcher told the paper, “There was a semi pulled over on the right shoulder. There was a car going east that crashed into it, and then they got stuck under the semi.” Two people in the minivan were dead at the scene.
ABC7 reported that the van’s driver and another passenger were taken to a hospital, and that investigators said one of the survivors was taken into custody for possible DUI. An arrest on suspicion is not a finding. No one has been charged or found at fault in any public report we have seen, and the investigation is ongoing. The people involved have not been publicly identified. Reports so far have not said why the truck was on the shoulder or what warning devices were in place.
Can a Big Rig Legally Stop on a California Freeway Shoulder?
Sometimes. California Vehicle Code section 21718 generally prohibits stopping, parking or standing on a freeway. It then lists exceptions. They include stopping when necessary to avoid injury or property damage, when required by law or directed by a peace officer, when a vehicle is disabled and stopping cannot be avoided, and where stopping is specifically permitted.
So a truck on the shoulder is not automatically breaking the law. A breakdown, a tire failure or an officer’s direction can all justify a stop. Whether a particular stop fit one of the exceptions depends on facts that usually come out only through investigation: why the driver stopped, for how long, and whether there was a safer place to go.
Flashers and Warning Triangles: What the Rules Require
Even a lawful stop comes with safety duties. Federal motor carrier rules apply to interstate commercial trucks, and California has parallel rules of its own.
Federal rules: 49 CFR 392.22
Under 49 CFR 392.22, when a commercial motor vehicle is stopped on the traveled part of a highway or on the shoulder for any reason other than a necessary traffic stop, the driver must turn on the hazard warning flashers immediately. The driver must also place warning devices as soon as possible, and in any event within 10 minutes. On a divided highway, the rule calls for devices about 200 feet and 100 feet behind the truck in the direction of approaching traffic, plus one within 10 feet of the rear of the vehicle.
California rules: Vehicle Code 25300
California Vehicle Code section 25300 requires trucks to carry red emergency reflectors. When a truck is disabled or parked off the roadway but within 10 feet of it during darkness, the reflectors must be placed immediately at set distances to the rear. Flashing turn signals may be used temporarily until the reflectors are out.
A violation of a safety rule like these can matter a great deal in a civil case. Under California Evidence Code section 669, a person who violates a statute or regulation may be presumed negligent if the violation caused the kind of injury the rule was meant to prevent, to the kind of person it was meant to protect. That presumption can be rebutted. It is also only one piece of the analysis, not the end of it.
Underride and Rear Impact Guards
When a passenger vehicle ends up beneath a trailer, the trailer’s rear impact guard becomes a central question. Under 49 CFR 393.86, most trailers and semitrailers with a gross vehicle weight rating of 10,000 pounds or more, manufactured on or after January 26, 1998, must have a rear impact guard that meets federal safety standards. The bottom of the guard generally can be no more than 22 inches above the ground. Some trailer types are excepted.
Whether a guard was present, properly sized, maintained and undamaged can affect how severe injuries were, and sometimes who shares responsibility. Our article on underride crashes and truck safety in California covers this topic in more depth.
How Fault Is Shared in California
People often assume that the driver who hits a stopped vehicle is always 100 percent at fault. California law does not work that way. Since Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, California has followed pure comparative fault. Each party’s share of responsibility is weighed, and a person’s recovery is reduced by his or her own share, not barred by it.
In a crash with a truck stopped on a shoulder, several people’s conduct may be examined:
- The approaching driver’s speed, attention, lane position and sobriety.
- The truck driver’s reason for stopping, choice of location and use of flashers and warning devices.
- The trucking company’s maintenance, training, dispatch and hours-of-service practices.
- The condition and design of the trailer, including the rear guard and lighting.
For non-economic damages such as pain, grief and loss of companionship, Civil Code section 1431.2 makes each defendant responsible only for his or her own percentage of fault. That is one reason identifying every responsible party matters. The same rules apply in chain-reaction crashes, including when someone is killed helping a stranded driver on a California freeway.
When the Trucking Company Is Responsible
A truck driver working for a carrier is usually acting as the company’s agent. California Civil Code section 2338 makes a principal responsible for an agent’s negligence in the business of the agency. In practice, that means claims after a truck crash often run against the motor carrier and its insurer, not only the driver. A carrier can also face direct claims, for example for poor maintenance or unsafe scheduling.
Our truck accidents page explains how these claims are typically built.
The Evidence That Decides These Cases
Truck crash evidence can disappear fast. The most important sources often include:
- Engine control module (ECM) data. Many trucks record speed, braking and engine events.
- Electronic logging device (ELD) records. These show the driver’s hours and duty status. Under 49 CFR 395.8(k), carriers must keep records of duty status and supporting documents for at least six months, which is not long in a serious case.
- Dashcam and fleet telematics video. Many fleets use forward and driver-facing cameras.
- The CHP collision report, photographs and scene measurements.
- Both vehicles, including the trailer’s rear guard and lighting.
- Toxicology and witness statements.
A prompt preservation letter to the carrier asking it to keep this data is one of the most important early steps.
Wrongful Death Claims After a Freeway Truck Crash
When someone dies, California Code of Civil Procedure section 377.60 decides who may bring a wrongful death claim. The list starts with the surviving spouse or domestic partner, children and others who would inherit. In some cases it can include a dependent putative spouse, stepchildren, parents or a dependent minor who lived in the household. A personal representative may also bring the claim on their behalf.
Families of passengers sometimes face a difficult question: what if the driver of their own vehicle shares responsibility? Claims can be made against that driver’s insurance, but some auto policies exclude bodily injury to people insured under the same policy, which often means household members. Insurance Code section 11580.1(c)(5) allows that type of exclusion. Policy language controls, so the actual policy needs to be reviewed.
Our article on a wrongful death claim after a big rig head-on crash and our wrongful death and catastrophic injury page explain damages and process in more detail.
Deadlines
In most California injury and wrongful death cases, the deadline to file suit is two years under Code of Civil Procedure section 335.1. If a public entity may share responsibility, for example over a road or freeway shoulder condition, a written government claim generally must be presented within six months under Government Code section 911.2. Waiting can cost evidence even when the legal deadline is still far away.
Frequently Asked Questions
Is a truck driver allowed to stop on the freeway shoulder in California?
Only in limited situations. Vehicle Code section 21718 generally bans stopping on a freeway but allows it in emergencies, when a vehicle is disabled, when directed by law enforcement and in a few other listed cases.
Am I automatically at fault if I hit a parked truck?
No. California uses pure comparative fault. The truck driver’s and carrier’s conduct, including flashers, warning devices and the reason for the stop, can also be weighed. Each case turns on its facts.
What warning devices must a stopped big rig use?
Federal rule 49 CFR 392.22 requires hazard flashers immediately and warning devices within 10 minutes. California Vehicle Code section 25300 has similar reflector rules for darkness.
Who can file a wrongful death claim in California?
Code of Civil Procedure section 377.60 lists who has standing. It usually starts with a spouse or domestic partner and children, and can include others in certain circumstances.
How long do I have to file?
Usually two years from the date of injury or death under Code of Civil Procedure section 335.1. Claims involving a public entity generally require a government claim within six months.
Talk to us
If you or your family has been affected by a truck crash, Win Attorneys serves clients across California. We speak Spanish and Vietnamese. Call (562) 296-5380 or reach us through our contact page.
Office: 17291 Irvine Blvd., Suite 210, Tustin, CA 92780. Visits are by appointment.
This article is general information for educational purposes. It is not legal advice and does not create an attorney-client relationship. Crash details are attributed to The Press-Enterprise and ABC7 as of October 26, 2026, and may change as the investigation continues. No fault is assigned to anyone. Outcomes depend on the facts of each matter. Seek medical care for injuries, and consult a licensed California attorney about your situation.