What If an 18-Wheeler Could Not Stop in Time and Hit My Car?

That should not necessarily end the investigation.

Commercial drivers are expected to operate their vehicles with the truck’s size, weight, traffic conditions, road conditions, and stopping limitations in mind. If an 18-wheeler could not stop before hitting you, important questions include whether the driver was following too closely, speeding, distracted, fatigued, or operating a truck with poorly maintained brakes or tires.

The investigation may also reveal decisions made by the trucking company long before the collision occurred.

Why Couldn’t the Truck Stop?

That is the central question.

Potential reasons include:

• excessive speed;
• following too closely;
• delayed reaction;
• distraction;
• fatigue;
• brake problems;
• worn tires;
• excessive or improperly distributed cargo;
• wet roads;
• unsafe driving for conditions; or
• a combination of factors.

Simply saying "the truck couldn’t stop" describes the result.

It does not necessarily explain the cause.

Did the Driver Leave Enough Distance?

Commercial drivers need sufficient space to respond to changing traffic.

If the driver follows another vehicle too closely, the available stopping distance is reduced.

This becomes particularly dangerous when approaching:

• traffic lights;
• congested interstates;
• construction zones;
• accident scenes;
• toll areas;
• highway exits; or
• traffic backups.

Investigators may examine dashcam footage, witnesses, electronic information, roadway evidence, and vehicle damage to understand how much space existed before the crash.

Was the Truck Speeding?

Speed can significantly affect a driver’s ability to stop.

The relevant question is not always limited to whether the driver exceeded the posted speed limit.

Conditions may require a lower speed.

Heavy rain, congestion, construction, limited visibility, curves, and other circumstances can affect what is reasonably safe.

Depending on the equipment installed on the tractor, information relevant to speed may potentially exist in electronic vehicle systems, GPS or telematics platforms, dashcams, or other sources.

Accident reconstruction may also provide information about vehicle movement.

Was the Driver Distracted?

A driver who is not watching the road may lose critical reaction time.

Investigators may need to determine whether the driver was:

• texting;
• talking on a phone;
• interacting with dispatch;
• using navigation;
• reaching for something;
• eating;
• looking at another device; or
• otherwise distracted.

Cellphone records may be relevant in some cases.

Trucking companies may also have in-cab camera systems or electronic communications that provide additional information.

Was the Driver Too Tired to React?

Fatigue can impair attention and reaction.

Commercial drivers subject to federal hours-of-service regulations generally operate under rules limiting driving and on-duty periods, subject to applicable exceptions.

ELD information may help determine the driver’s recorded hours.

Other records can provide additional context, including:

• GPS;
• dispatch information;
• fuel purchases;
• delivery records;
• toll records;
• receipts; and
• company communications.

The question is whether fatigue played a role in the driver’s delayed response.

What If the Brakes Failed?

Brake failure can be a major issue in an 18-wheeler accident.

A commercial truck’s braking system should be appropriately inspected and maintained.

After a serious crash involving an alleged brake problem, investigators may want to examine:

• the braking system;
• maintenance records;
• inspection records;
• repair invoices;
• previous brake complaints;
• driver inspection information; and
• company maintenance procedures.

If the truck had a known defect that was not corrected, responsibility may extend beyond the driver.

Who Maintained the Truck?

The trucking company may maintain its own equipment or use outside providers.

That relationship can matter.

If negligent maintenance or repair contributed to the accident, records may identify who performed the work and what was done.

Potentially relevant documents include work orders, invoices, inspection reports, repair records, and internal maintenance communications.

Could the Trailer Affect Stopping?

Potentially.

A tractor-trailer operates as a combined vehicle.

Issues involving trailer brakes, cargo weight, cargo distribution, tires, or other components can affect the overall operation of the truck.

That is one reason both the tractor and trailer should be identified after a serious wreck.

They may even have different owners.

What If the Trucking Company Says Traffic Stopped Suddenly?

Sudden traffic changes can occur.

But commercial drivers are expected to anticipate ordinary roadway conditions.

The investigation should determine what happened rather than relying exclusively on one company’s characterization.

Dashcam video may show whether traffic had been slowing for an extended distance.

Witnesses may confirm that vehicles were already stopped.

Electronic information may help reconstruct the truck’s movement.

Roadway evidence may indicate braking or evasive action.

Can the Truck’s Black Box Help?

Possibly, although "black box" is an informal term that can refer to different electronic systems.

Depending on the tractor and its equipment, electronic information may provide data relevant to the vehicle’s operation.

The availability and meaning of that data should be evaluated by someone familiar with the specific system.

It is also important to distinguish electronic vehicle data from ELD records. An ELD is primarily designed to record information related to a driver’s hours of service.

What If I Need Surgery?

Do not assume the value or consequences of your injuries can be determined immediately after the wreck.

Some injuries initially receive conservative treatment before doctors recommend:

• injections;
• orthopedic surgery;
• spinal surgery;
• neurological treatment; or
• extended rehabilitation.

A severe injury may affect your ability to work or perform ordinary activities for months or permanently.

Future treatment and future economic effects may therefore become important.

What Insurance Is Available?

Commercial motor carriers may be subject to financial-responsibility requirements depending on their operation.

The actual insurance available in a specific case may be different from a regulatory minimum.

Potentially relevant coverage can include primary commercial liability insurance and, depending on the circumstances, additional coverage layers or insurance belonging to other responsible parties.

Insurance policies and applicable endorsements should be investigated rather than guessed.

Preserve the Truck Before It Changes

When mechanical failure is alleged, the physical truck can be especially important evidence.

Repairs after a crash could change the condition investigators need to inspect.

Evidence-preservation efforts may therefore need to address the tractor, trailer, brakes, tires, and relevant electronic systems in addition to company documents.

What Should I Do Now?

Seek appropriate medical treatment and document the accident.

Keep:

• photographs;
• police information;
• medical records;
• work-loss documentation;
• witness information;
• insurance correspondence; and
• accident-related expenses.

If the collision resulted in serious injuries, an early investigation may help preserve trucking evidence before it is lost or changed.

Jacqueline Scott & Associates Can Investigate Why the Truck Didn’t Stop

"The truck couldn’t stop" should lead to another question:

Why couldn’t it stop?

Was the driver too close?

Was the truck speeding?

Was the driver distracted?

Were the brakes defective?

Was maintenance neglected?

Did the trucking company know about a safety problem?

Those questions can reveal who may actually be responsible.

If an 18-wheeler could not stop and hit you in Louisiana, call Jacqueline Scott & Associates at (318) 746-5997.

Make ’Em Pay.

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 information is general educational information and does not constitute 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.