What If an 18-Wheeler Crossed the Median and Hit My Vehicle?

Vehicles traveling in opposite directions may be moving at highway speeds. When a tractor-trailer crosses the median into opposing traffic, motorists may have only seconds—or no time at all—to react.

If an 18-wheeler crossed the median and hit your vehicle in Louisiana, a thorough investigation should determine why the truck left its side of the highway and whether the collision could have been prevented.

Why Would an 18-Wheeler Cross a Highway Median?

Possible causes include:

• driver fatigue;
• distracted driving;
• excessive speed;
• impairment;
• sudden steering;
• loss of control;
• tire failure;
• mechanical problems;
• unsafe lane changes;
• weather;
• cargo shifts;
• jackknifing; or
• another collision that pushes the truck from its lane.

Identifying the cause is critical because different causes may point toward different responsible parties.

Was the Driver Falling Asleep?

Fatigue deserves careful investigation in an unexplained highway lane-departure accident.

Commercial drivers covered by federal hours-of-service rules are subject to limits designed to regulate driving and on-duty time.

But simply reviewing one day’s log may not tell the entire story.

An investigation may compare:

• ELD records;
• GPS data;
• dispatch records;
• fuel purchases;
• toll records;
• delivery records;
• bills of lading;
• driver communications; and
• other time-stamped records.

Comparing independent records can help determine whether the driver’s documented activities match what actually occurred.

Was the Driver Distracted?

A momentary distraction at interstate speeds can move a tractor-trailer a significant distance.

Potential distractions include:

• texting;
• cellphone use;
• navigation;
• dispatch communications;
• in-cab technology;
• eating; or
• reaching for an object.

Available cellphone records, dashcam footage, driver-facing video, and company communications may help determine what the driver was doing before the truck left its lane.

Could Speed Have Contributed?

Speed affects stopping distance and vehicle control.

A speed that may be manageable under normal conditions can become unsafe during rain, congestion, curves, construction, or other roadway conditions.

Evidence concerning speed could potentially come from several sources depending on the truck’s equipment, including vehicle electronic systems, GPS or telematics, dashcam footage, witnesses, and accident reconstruction.

Importantly, an ELD is designed primarily for hours-of-service records and should not automatically be treated as a device that records all crash-performance information.

The specific truck systems must be identified.

What If a Tire Failed?

A tire failure can cause a driver to lose control, but that does not necessarily end the investigation.

Questions may include:

• How old was the tire?
• What was its tread condition?
• Was it properly inflated?
• Had the driver inspected it?
• Had anyone previously reported problems?
• When was it last serviced?
• Was the truck overloaded?
• Who was responsible for maintenance?

The damaged tire itself may be important physical evidence.

What If Cargo Shifted?

Improper loading or securement can affect the stability of a tractor-trailer.

A shifting load can contribute to loss of control or rollover.

When cargo is suspected, relevant evidence may include:

• bills of lading;
• loading records;
• weight tickets;
• cargo photographs;
• securement equipment;
• shipping records; and
• information identifying who loaded the trailer.

This can potentially introduce companies beyond the driver and motor carrier into the investigation.

What Evidence Should Be Preserved?

A median-crossing accident can involve a large crash scene.

Evidence may include:

• tire marks;
• disturbed grass or soil;
• damaged barriers;
• debris;
• roadway gouges;
• vehicle resting positions;
• photographs;
• drone or scene imagery;
• surveillance video;
• traffic cameras;
• witness statements;
• truck electronic data;
• ELD information;
• GPS data;
• dashcam footage; and
• maintenance records.

The tractor and trailer themselves may also need to be inspected in a serious case.

What If the Truck Hit a Median Barrier First?

The sequence of events matters.

Investigators may determine whether the truck:

1. lost control before contacting the median;
2. struck a barrier and entered opposing traffic;
3. jackknifed;
4. rolled over; or
5. was pushed into the median by another vehicle.

This can affect how responsibility is analyzed.

Could Another Vehicle Be Responsible Too?

Possibly.

For example, another vehicle may have struck the tractor-trailer or forced it into an emergency maneuver.

Multi-vehicle highway accidents should be reconstructed carefully before conclusions are reached.

Multiple responsible parties can sometimes exist.

Could the Trucking Company Be Responsible?

The investigation should consider both the driver’s conduct and the trucking operation.

Questions may include:

• Was the driver qualified?
• Was the driver properly trained?
• Was fatigue involved?
• Was the truck properly inspected?
• Was maintenance performed?
• Were known defects repaired?
• Did company scheduling create safety concerns?
• Were applicable safety requirements followed?

Company records may help answer those questions.

Catastrophic Injuries From Median-Crossing Wrecks

Because these accidents often involve highway speeds and opposing traffic, injuries can be life-changing.

They may include:

• traumatic brain injuries;
• spinal cord injuries;
• paralysis;
• amputations;
• severe fractures;
• internal injuries;
• burns;
• permanent neurological injuries; and
• wrongful death.

A catastrophic injury case may involve future medical care, rehabilitation, assistive equipment, home modifications, reduced earning capacity, and lifelong limitations.

Understanding the future consequences of the injury can be just as important as documenting the initial hospital bill.

What Insurance May Apply?

The answer depends on the businesses involved and the policies in effect.

Potential sources can include commercial auto liability coverage, excess or umbrella insurance, self-insurance arrangements, and potentially separate policies associated with other responsible companies.

Insurance availability should be verified rather than assumed.

What Should Families Do After a Catastrophic Median-Crossing Wreck?

Focus first on medical care and immediate family needs.

At the same time, recognize that evidence may need to be preserved quickly.

Families can save:

• police information;
• photographs and video;
• witness information;
• medical documents;
• employment records;
• wage information;
• accident-related expenses; and
• communications from insurers or trucking companies.

Avoid signing documents you do not understand merely because an insurance representative requests a quick response.

Investigating Why the Truck Crossed the Median

A median-crossing wreck should not be reduced to "the driver lost control."

Why did the driver lose control?

That question can lead to the evidence that matters.

Jacqueline Scott & Associates can investigate Louisiana 18-wheeler wrecks involving trucking companies, drivers, electronic evidence, equipment, maintenance, commercial insurance, and catastrophic injuries.

If you or a family member was injured when an 18-wheeler crossed a median, call (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 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.