What If an 18-Wheeler Crossed the Center Line and Hit Me?

A head-on or offset collision between a tractor-trailer and a passenger vehicle can cause catastrophic or fatal injuries. If the 18-wheeler crossed the center line and hit you in Louisiana, determining why the driver left the proper lane can be just as important as proving that the truck crossed it.

The investigation may uncover distracted driving, fatigue, speeding, impairment, mechanical failure, poor training, or another safety problem.

Why Do 18-Wheelers Cross the Center Line?

There is no single cause.

Potential explanations include:

• distracted driving;
• texting;
• driver fatigue;
• falling asleep;
• speeding;
• impairment;
• unsafe passing;
• overcorrecting;
• taking a curve too fast;
• poor weather;
• tire failure;
• steering problems;
• cargo shifts; or
• loss of vehicle control.

The driver’s actions immediately before impact should be investigated carefully.

Driver Fatigue Can Be an Important Issue

Truck drivers may spend long periods on the road.

Federal hours-of-service regulations limit driving and on-duty time for covered commercial drivers. Those rules are designed in part to reduce fatigue-related risks.

When fatigue is suspected, relevant information may include:

• electronic logging device records;
• dispatch records;
• fuel receipts;
• GPS information;
• toll records;
• delivery schedules;
• driver communications; and
• other records showing the driver’s activities.

A driver crossing the center line does not automatically prove fatigue, but fatigue is one potential explanation that may warrant investigation.

Was the Truck Driver Distracted?

Distraction can cause a vehicle to drift from its lane within seconds.

A commercial driver may be interacting with:

• a cellphone;
• navigation equipment;
• dispatch technology;
• an in-cab device; or
• another distraction.

Potential evidence may include cellphone records, dashcam footage, driver-facing camera footage, dispatch communications, and other electronic records.

Could Mechanical Failure Be Responsible?

Not every lane-departure accident is caused solely by driver error.

Mechanical problems can also contribute.

Investigators may examine:

• steering components;
• tires;
• brakes;
• suspension;
• maintenance records;
• inspection reports; and
• previous repair complaints.

Suppose a front tire fails and causes the driver to lose control.

The investigation might need to determine why the tire failed, when it was last inspected, whether excessive wear was visible, and who was responsible for maintaining the truck.

What If the Driver Says They Swerved to Avoid Something?

That explanation should be investigated rather than automatically accepted or rejected.

Evidence may show whether another vehicle, debris, animal, roadway hazard, or emergency maneuver contributed to the accident.

Witness statements, dashcam footage, roadway evidence, electronic data, and surveillance video can help reconstruct what occurred.

Even when an emergency develops, investigators may still need to determine whether the driver’s prior actions contributed to creating the dangerous situation.

What Evidence Can Prove the Truck Crossed the Center Line?

Evidence can include:

• photographs;
• tire marks;
• debris patterns;
• vehicle damage;
• roadway gouges;
• witness statements;
• police measurements;
• dashcam footage;
• surveillance video;
• electronic truck data; and
• accident reconstruction.

The final resting positions of the vehicles may also provide useful information.

In severe collisions, accident reconstruction professionals may analyze measurements, photographs, vehicle damage, roadway markings, and electronic information to determine the sequence of events.

Serious Injuries Are Common in Head-On Truck Wrecks

The combined forces of vehicles traveling toward each other can result in devastating injuries.

Possible injuries include:

• traumatic brain injury;
• spinal cord injury;
• paralysis;
• neck and back injuries;
• crushed limbs;
• fractures;
• internal bleeding;
• organ damage;
• chest injuries;
• burns;
• amputations; and
• permanent disability.

Some victims may require multiple surgeries and extensive rehabilitation.

When injuries are permanent, evaluating only today’s medical bills may significantly understate the long-term effect of the wreck.

Future medical care, future earning ability, disability, and other legally recoverable damages may require evaluation.

Could the Trucking Company Also Be Responsible?

Possibly.

The driver’s employer or motor carrier may become relevant depending on the circumstances.

The investigation may examine whether the company:

• properly qualified the driver;
• trained the driver;
• supervised the driver;
• monitored safety;
• complied with applicable trucking requirements;
• maintained the truck;
• addressed known mechanical problems; or
• created unsafe scheduling pressures.

The facts determine which issues apply.

What If the Driver Had Previous Safety Problems?

A driver’s qualification and safety history may become relevant in some cases.

An investigation can examine appropriate records concerning the driver’s qualifications, employment, training, and driving history.

If a company knew or should have known about significant safety problems, questions about hiring, retention, supervision, or training may arise depending on the circumstances and applicable law.

Who Pays for a Serious Center-Line Truck Accident?

Potential sources of recovery depend on who is legally responsible and what insurance applies.

Commercial trucking operations may involve primary liability coverage and, in some situations, additional insurance layers or separate policies belonging to other responsible parties.

Do not assume the policy information exchanged at the scene necessarily identifies every potentially applicable policy.

What Should I Do After the Accident?

Seek appropriate medical attention first.

If possible, preserve:

• scene photographs;
• truck photographs;
• tractor and trailer numbers;
• USDOT information;
• company names;
• witness contact information;
• video;
• police information; and
• damaged property.

Do not dispose of a severely damaged vehicle without considering whether it may contain evidence relevant to a serious disputed case.

Act Before Evidence Is Lost

Trucking companies routinely operate vehicles, maintain electronic systems, repair equipment, and retain records according to business practices.

Relevant evidence can therefore change over time.

A preservation request may identify categories of information that should be retained while the claim is investigated.

Jacqueline Scott & Associates — Louisiana 18-Wheeler Wrecks

If an 18-wheeler crossed the center line and seriously injured you or a family member, the investigation should determine why the truck entered your lane.

Was the driver tired? Distracted? Speeding? Did equipment fail? Did the trucking company know about a safety problem?

Jacqueline Scott & Associates can investigate the evidence and companies involved in a Louisiana 18-wheeler wreck.

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 is general educational 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.