Disabled Truck could be liable for death in accident here   Rojas v. Estate of Wright

 Plaintiff appealed the grant of summary judgment to defendant trucking company in motor vehicle accident action.  source daily briefing September 24, 2022

A-3130-20 CASE DIGEST SUMMARYPlaintiff appealed the grant of summary judgment to defendant trucking company in motor vehicle accident action. Decedent was traveling on Interstate 280 when his vehicle collided with a disabled tractor trailer owned by trucking company. Defendant driver had parked tractor trailer on the shoulder with the left rear tires partially in the right traffic lane. Decedent's collision with the truck sent his vehicle into a Lyft vehicle which rebounded decedent's vehicle into the tractor trailer, killing driver. Lyft driver and passenger testified decedent did not travel into the right shoulder, maintained his lane and that there were no reflective triangles set out on the roadway. Police inspection of tractor trailer revealed 18 federal violations including air leaks in the brake lines. Plaintiff's expert opined the tractor trailer was in an "out-of-service" condition, should not have been on the highway and driver failed to place warning triangles as required by federal regulations. Trial court found decedent's negligence, a BAC of .062 and prior use of a cellphone, barred plaintiff's negligence action. Plaintiff argued the allocation of negligence between decedent and driver was a determination for the jury. Court reversed, finding trial judge was overly solicitous of defendant's comparative negligence arguments and did not give proper consideration to defendant's negligence.