What If an 18-Wheeler Failed to Yield and Hit Me?

If an 18-wheeler failed to yield and hit you in Louisiana, determining responsibility requires examining exactly how the vehicles approached one another, what traffic controls applied, what the truck driver could see, and whether the commercial driver had enough time and space to wait safely.

A trucking company or insurer may argue that you were speeding, appeared suddenly, or could have avoided the collision.

Those arguments should be compared with objective evidence.

A serious truck accident investigation may include video, electronic trucking data, GPS information, witnesses, vehicle damage, cellphone evidence, driver records, and company safety information.

What Does Failure to Yield Mean in an 18-Wheeler Accident?

Yielding generally involves allowing another vehicle with the applicable right of way to proceed before entering its path.

Truck accidents involving alleged failure to yield may happen when an 18-wheeler:

• pulls onto a highway;
• makes a left turn;
• enters an intersection;
• leaves a business;
• exits a truck stop;
• merges;
• changes lanes;
• enters from a side road; or
• moves from a shoulder.

The precise traffic rules depend on the roadway and circumstances.

What If the Truck Pulled Out in Front of Me?

This is a particularly dangerous scenario.

A tractor-trailer may take considerable time to enter and clear a roadway.

If the driver pulls out when an approaching vehicle is too close, the passenger vehicle may have nowhere to go.

The motorist may:

• strike the tractor;
• collide with the trailer;
• go underneath part of the trailer;
• leave the roadway; or
• hit another vehicle while trying to avoid the truck.

The investigation should determine whether the commercial driver had adequate time and distance to enter safely.

What If I Hit the Side of the Trailer?

Do not automatically assume you caused the accident because the front of your vehicle struck the side of the truck.

If an 18-wheeler entered your path when you had insufficient time to stop, the point of impact may simply reflect the geometry of the collision.

Investigators may examine:

• sight distance;
• vehicle speeds;
• braking evidence;
• roadway configuration;
• video;
• witnesses; and
• electronic information.

What If the Truck Driver Says They Didn’t See Me?

That statement raises questions about observation.

Was your vehicle visible?

Was the driver’s view obstructed?

Did the driver check properly?

Was the driver distracted?

Was the driver fatigued?

Did the driver look but misjudge your distance?

A commercial driver operating a large vehicle must account for surrounding traffic before entering its path.

Could Distracted Driving Be Responsible?

Yes.

A driver approaching an intersection or highway entrance may be looking at:

• a cellphone;
• GPS;
• dispatch messages;
• paperwork;
• mirrors;
• another device; or
• something outside the truck.

Cellphone information, dispatch records, driver-facing video, and dashcam footage may help establish what occurred.

What If the Driver Misjudged My Speed?

Commercial drivers regularly make decisions about whether sufficient space exists to enter or cross traffic.

A misjudgment can be devastating because an 18-wheeler may take longer than a passenger vehicle to complete a turn or cross a roadway.

Video and reconstruction may help determine whether the available gap was sufficient.

What If the Truck Was Making a Left Turn?

Left-turn accidents can produce severe side or head-on impacts.

A truck may begin crossing oncoming traffic and leave a long trailer blocking multiple lanes.

If an approaching driver cannot stop in time, the passenger vehicle may collide with the tractor or trailer.

Investigators should examine:

• traffic signals;
• turn arrows;
• sight distance;
• speed;
• lane configuration;
• video; and
• witnesses.

What If the Truck Was Leaving a Private Drive?

The same basic investigative principles apply.

Commercial trucks frequently enter and exit:

• warehouses;
• distribution centers;
• truck stops;
• industrial facilities;
• construction sites;
• stores; and
• delivery locations.

Nearby businesses may have surveillance footage showing the truck’s movement before the collision.

Could Another Company Be Responsible?

Possibly.

An 18-wheeler may be connected to several businesses.

Depending on the evidence, potentially relevant entities can include:

• motor carrier;
• driver’s employer;
• tractor owner;
• trailer owner;
• shipper;
• contractor; or
• another business controlling part of the operation.

Connection alone does not establish legal responsibility.

Each entity’s actual conduct and relationship must be investigated.

Could Driver Training Matter?

Yes.

Commercial drivers should be able to safely judge traffic, maneuver the vehicle, and account for the time needed for a tractor-trailer to enter or cross a roadway.

Driver qualification and training records may become relevant when the driver’s decision-making is questioned.

Could Fatigue Affect Judgment?

Absolutely.

Fatigue can impair attention, reaction time, and judgment.

If fatigue is suspected, investigators may examine ELD information and other records relating to the driver’s schedule.

These may include:

• GPS records;
• fuel receipts;
• dispatch communications;
• delivery records;
• toll records; and
• other time-stamped information.

What Electronic Evidence Could Help?

Depending on the truck and fleet, relevant information may come from:

• dashcams;
• side cameras;
• driver-facing cameras;
• GPS;
• telematics;
• electronic vehicle systems;
• ELDs; and
• dispatch platforms.

Nearby surveillance can be equally important.

What If I Swerved and the Truck Never Hit Me?

Physical contact is not necessarily required for a truck driver’s actions to contribute to a collision.

Suppose an 18-wheeler pulls directly into your lane.

You swerve to avoid hitting the trailer and crash into a ditch or barrier.

Evidence must establish why you took the evasive action.

Dashcam footage and witnesses can be critical in these cases.

What Injuries Can Result?

Failure-to-yield truck crashes can occur at significant speeds.

Possible injuries include:

• traumatic brain injuries;
• spinal cord injuries;
• fractures;
• internal injuries;
• pelvic injuries;
• crush injuries;
• amputations;
• nerve damage;
• paralysis; and
• permanent disability.

Fatal accidents may result in wrongful-death claims by qualifying survivors.

What If I Need Future Medical Care?

Catastrophic injuries may require years or a lifetime of treatment.

Future needs can include:

• surgery;
• rehabilitation;
• medications;
• medical equipment;
• attendant care;
• home modifications;
• therapy; and
• specialist treatment.

A serious claim should consider reasonably supported future consequences rather than only bills already incurred.

What About Lost Income?

If the accident prevents you from working, document the loss.

If permanent limitations prevent you from returning to your previous occupation, future earning capacity may also require evaluation.

How Much Insurance Does the Trucking Company Have?

There is no responsible way to answer that question based solely on seeing an 18-wheeler.

Commercial motor carriers may have different financial-responsibility and insurance arrangements.

Potential coverage can include primary commercial liability insurance and, depending on the circumstances, excess, umbrella, self-insurance arrangements, or coverage associated with other responsible entities.

The actual policies must be investigated.

What Should I Do After the Accident?

Seek medical treatment.

Preserve photographs.

Identify witnesses.

Save dashcam footage.

Document the roadway and traffic controls.

Photograph truck identification.

Keep medical and employment records.

Do not assume the first insurance company that contacts you represents every company potentially involved.

Jacqueline Scott & Associates Can Investigate Who Failed to Yield

If an 18-wheeler entered your path and caused a serious collision, the investigation should determine whether the commercial driver had the right to proceed and whether the maneuver could have been completed safely.

Jacqueline Scott & Associates can investigate the driver, motor carrier, electronic evidence, video, company records, equipment, and potentially applicable insurance.

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 information is general 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.