What If an 18-Wheeler Backed Into My Vehicle?

Although these accidents often occur at lower speeds than interstate collisions, the size and weight of a tractor-trailer can still cause severe injuries. A passenger vehicle can be crushed, pushed into another object, or trapped beneath part of a trailer.

If an 18-wheeler backed into your vehicle in Louisiana, an important question is why the truck driver failed to confirm that the area behind the truck was clear.

The investigation may also examine whether a spotter should have been used, whether cameras or warning systems were available, whether the driver was properly trained, and whether the trucking company had appropriate backing procedures.

Why Are Backing 18-Wheelers Dangerous?

A tractor-trailer can be difficult to maneuver in reverse.

The driver may have limited visibility behind and around the trailer.

The trailer also responds differently than a passenger vehicle when backing.

A small steering adjustment can cause significant trailer movement.

Drivers may need to account for:

• parked vehicles;
• pedestrians;
• loading equipment;
• buildings;
• poles;
• trailers;
• workers;
• curbs; and
• other obstacles.

Where Do Backing Accidents Happen?

Common locations include:

• warehouses;
• distribution centers;
• loading docks;
• truck stops;
• parking lots;
• delivery locations;
• construction sites;
• industrial facilities;
• stores; and
• residential delivery areas.

Some accidents also occur when a truck backs on or near a roadway.

What Should a Truck Driver Do Before Backing?

Safe backing generally requires careful observation of the area.

Depending on the circumstances, a driver may need to:

• inspect the area;
• check mirrors;
• use available cameras;
• back slowly;
• stop and reassess;
• use a spotter; and
• watch for changing conditions.

A driver’s training and the company’s backing procedures may become relevant after a collision.

What If the Truck Had a Backup Camera?

Many commercial fleets use cameras or other safety technology.

If the truck had a rear camera, investigators may ask:

• Was it working?
• Was the driver monitoring it?
• Was footage recorded?
• Was the camera obstructed?
• Had defects previously been reported?

The presence of technology does not automatically prove negligence, but it can create an additional source of evidence.

What If There Was a Spotter?

A spotter may help a driver maneuver in a crowded area.

If a spotter was involved, investigators may determine:

• who employed the spotter;
• where the spotter was standing;
• what signals were used;
• whether the driver could see the spotter;
• whether communication was clear; and
• whether the spotter warned the driver.

The actions of both the driver and other workers may become relevant.

What If There Was No Spotter?

Whether a spotter should have been used depends on the circumstances.

A particularly congested loading area or location with limited visibility may raise questions about whether additional precautions were appropriate.

Company safety procedures and facility rules can be important.

What If My Vehicle Was Parked?

A parked vehicle can still contain occupants who suffer significant injuries when struck by a tractor-trailer.

The trucking company may have difficulty arguing that a legally parked, stationary vehicle caused the truck to back into it, but the entire event should still be documented.

Surveillance footage can be particularly valuable in parking lots, warehouses, and commercial facilities.

What If the Truck Driver Says I Drove Behind the Trailer?

That allegation can create a factual dispute.

Investigators may look for:

• security video;
• dashcam footage;
• witnesses;
• vehicle damage;
• GPS information;
• truck camera footage; and
• facility records.

Many warehouses and commercial businesses have multiple cameras.

Footage should be identified quickly because retention periods may be limited.

What If the Driver Did Not See Me?

Failure to see an object does not automatically mean the accident was unavoidable.

The question becomes whether the driver took reasonable steps to determine that the backing path was clear.

The driver may have needed to stop, exit the cab, inspect the area, use mirrors, use cameras, or seek assistance depending on the circumstances.

Could the Trucking Company Be Responsible?

Potentially.

An investigation may examine whether the company:

• trained the driver;
• established backing procedures;
• enforced safety rules;
• maintained cameras or warning equipment;
• knew about prior backing incidents; or
• adequately supervised operations.

A driver’s history may also become relevant if similar incidents occurred previously.

Could the Warehouse or Facility Be Involved?

Sometimes.

A backing accident may occur in an area controlled by another company.

Potential issues can include:

• unsafe traffic flow;
• inadequate lighting;
• obstructed sight lines;
• poorly designed loading areas;
• conflicting vehicle movements; or
• inadequate procedures.

This does not automatically make the property owner or facility responsible. The facts must establish whether its conduct contributed to the accident.

What Evidence Should Be Preserved?

Potential evidence includes:

• facility surveillance;
• truck camera footage;
• dashcam footage;
• photographs;
• witness statements;
• company safety policies;
• driver training records;
• prior incident reports;
• GPS information;
• dispatch records; and
• physical vehicle damage.

If the truck had audible alarms, cameras, or sensors, their condition may also be relevant.

What Injuries Can a Backing Truck Cause?

Even at relatively low speeds, a heavy tractor-trailer can generate significant force.

Possible injuries include:

• concussion;
• traumatic brain injury;
• neck injuries;
• back injuries;
• fractures;
• shoulder injuries;
• knee injuries;
• internal injuries;
• crush injuries; and
• nerve damage.

Pedestrians can suffer catastrophic or fatal injuries.

What If I Was a Pedestrian?

A pedestrian struck by a backing 18-wheeler may have little protection.

The investigation should identify:

• where the pedestrian was walking;
• whether the area was designated for pedestrians;
• visibility;
• lighting;
• warning alarms;
• cameras;
• spotters; and
• company procedures.

The truck and facility may both require investigation.

What If I Was Working When It Happened?

An accident involving someone working at a warehouse, construction site, or other commercial location can raise additional legal and insurance issues.

The identity of your employer, the trucking company, facility operator, and other businesses may matter.

Work-related benefits and claims against responsible third parties can involve different rules, making careful analysis important.

What Insurance May Apply?

Commercial trucking companies typically operate under commercial insurance arrangements.

If another business contributed to the accident, separate coverage may also be relevant.

The availability of coverage depends on the responsible parties and actual policies.

What Should I Do?

Seek medical treatment.

Report the accident.

Identify witnesses.

Ask that relevant video be preserved.

Photograph the truck, trailer, location, and damage when possible.

Keep records of medical care, missed work, expenses, and insurance communications.

Jacqueline Scott & Associates Investigates Backing Truck Accidents

If an 18-wheeler backed into you, "the driver didn’t see you" should not automatically end the investigation.

Why didn’t the driver see you?

Was the area checked?

Were cameras available?

Was a spotter needed?

Was the driver properly trained?

Did the trucking company follow appropriate safety procedures?

Jacqueline Scott & Associates can investigate serious Louisiana 18-wheeler wrecks and the companies, evidence, and insurance connected to them.

Make ’Em Pay.

Call (318) 746-5997.

Every case is different. Results depend on the specific facts and circumstances of each individual matter. Prior results do not guarantee a similar outcome. This article provides general information and is not legal advice.

This article is general information about Louisiana law and is not legal advice. Laws and deadlines can change, and every case depends on its own facts. Past results do not guarantee or predict future outcomes. Reading this page or contacting the firm does not by itself create an attorney-client relationship.