What If an 18-Wheeler Hit Me in Slow or Stopped Traffic?

When an 18-wheeler crashes into vehicles that are already slowing or stopped, the trucking company may describe the incident as a sudden traffic backup.

But that description does not answer the most important question:

Why didn’t the truck driver recognize and respond to the traffic ahead in time?

If you were hit by an 18-wheeler while sitting in or slowing for traffic, a serious investigation may need to examine driver attention, speed, following distance, fatigue, braking, truck maintenance, and electronic evidence.

Rear-End Truck Accidents Can Be Devastating

A passenger vehicle struck from behind by a tractor-trailer can be pushed forward into other vehicles, barriers, or traffic.

That can create a chain-reaction collision involving multiple vehicles.

Occupants may experience more than one impact.

Potential injuries include:

• traumatic brain injuries;
• neck injuries;
• spinal injuries;
• herniated discs;
• fractures;
• shoulder injuries;
• knee injuries;
• internal injuries;
• nerve damage; and
• permanent impairment.

Severe collisions can result in catastrophic injuries or death.

Why Didn’t the Truck Driver See the Traffic?

Several explanations should be considered.

The driver may have been:

• following too closely;
• speeding;
• distracted;
• fatigued;
• looking at a cellphone;
• communicating with dispatch;
• using navigation;
• inattentive; or
• otherwise unable to respond safely.

Mechanical problems may also be involved.

The investigation should identify the cause instead of simply accepting "traffic stopped" as the explanation.

Was the Traffic Backup Actually Sudden?

Sometimes it is.

Other times, a backup may have been visible from a considerable distance.

Evidence can help answer this question.

Truck dashcam footage may show the roadway ahead.

Other motorists may have video.

Witnesses may describe how long traffic had been stopped.

Nearby traffic cameras or businesses may have footage.

GPS and other electronic information may help establish the truck’s movement.

Photographs and police investigation may document the crash scene.

What If I Had Been Stopped for Several Minutes?

That can be significant evidence.

Tell investigators accurately how long you remember being stopped.

Other motorists may confirm the timing.

If a driver approaches a line of stationary vehicles and crashes into them, investigators may examine why the driver failed to perceive an obvious traffic condition.

Could the Driver Have Been Texting?

Possibly.

A distraction investigation can include more than simply asking the driver whether they were using a phone.

Potential evidence may include:

• cellphone records;
• text or call information where legally obtainable;
• company communications;
• dispatch records;
• driver-facing camera footage;
• dashcam footage; and
• witness testimony.

The timing of electronic activity can sometimes be compared with the timing of the collision.

Could Fatigue Explain the Crash?

Yes, in some cases.

Fatigued drivers may have difficulty maintaining attention or may experience microsleep.

Federal hours-of-service rules regulate driving and on-duty periods for covered commercial drivers.

An investigation may examine the driver’s ELD records and compare them with other time-stamped information.

Relevant records may include:

• fuel purchases;
• toll records;
• dispatch records;
• GPS;
• bills of lading;
• delivery records; and
• company communications.

The goal is to understand the driver’s work and rest history before the crash.

Was the Driver Traveling Too Fast?

Speed is another important question.

Even if the truck was traveling below the posted speed limit, the speed may have been unsafe for congested traffic.

Drivers should respond to actual roadway conditions.

Electronic vehicle information, GPS or telematics, dashcam footage, physical evidence, and accident reconstruction may provide evidence relating to vehicle movement, depending on the circumstances.

What If the Driver Tried to Stop but Couldn’t?

Then the investigation should examine the truck.

Questions may include:

• Were the brakes working correctly?
• Were the tires in appropriate condition?
• Was the truck properly inspected?
• Were defects previously reported?
• Were repairs performed?
• Was the trailer properly maintained?
• Was the truck overloaded?

A mechanical inspection can be especially important if the driver claims the truck failed to respond normally.

What If My Vehicle Was Pushed Into Another Car?

Chain-reaction crashes can complicate fault analysis.

Suppose you were stopped behind another vehicle when an 18-wheeler struck you from behind and pushed your vehicle into the car ahead.

The physical sequence of impacts matters.

Vehicle damage, witness statements, electronic evidence, and reconstruction may help establish which collision occurred first and how the chain reaction developed.

Do not assume that being involved in a secondary impact automatically means you caused it.

Multiple Injured People Can Create Additional Issues

A multi-vehicle truck wreck can injure several people.

That may complicate insurance and damage issues, particularly when injuries are severe.

A complete investigation should identify all potentially responsible defendants and applicable insurance rather than assuming only one policy or one business is involved.

Could the Trucking Company Be Responsible?

Depending on the evidence, the trucking company’s own conduct may become relevant.

Questions can include whether it:

• properly qualified the driver;
• trained the driver;
• supervised safety;
• monitored hours;
• maintained the truck;
• responded to known defects; or
• imposed schedules that contributed to unsafe operation.

Company policies, safety records, maintenance records, dispatch communications, and driver records may therefore matter.

Preserve Electronic Evidence Early

A modern trucking operation can produce valuable electronic evidence.

Potential sources include:

• dashcams;
• driver-facing cameras;
• ELDs;
• GPS;
• telematics;
• fleet-management systems;
• electronic control modules;
• dispatch platforms; and
• mobile devices.

Not every truck has every system.

The first step is identifying what technology existed and who controlled the data.

Preservation can matter because some systems overwrite information as part of normal operations.

What If I Was Taken to the Hospital?

Keep records relating to your medical treatment.

Serious truck injuries may require:

• emergency care;
• diagnostic imaging;
• hospitalization;
• surgery;
• specialist treatment;
• physical therapy;
• rehabilitation;
• medications; and
• future medical care.

Also document missed work and employment restrictions.

If doctors believe an injury will permanently affect your ability to work, future earning capacity may become an important issue.

Should I Accept a Quick Insurance Offer?

Be cautious.

An early offer may arrive before the full medical picture is known.

A settlement typically involves a release of claims covered by the agreement. Before resolving a serious injury claim, you should understand what injuries, treatment, future needs, parties, and insurance may be involved.

This is especially important when surgery, permanent restrictions, or long-term treatment may be necessary.

What Insurance Might Apply?

Trucking companies may maintain commercial liability coverage and, depending on their operation, additional coverage or financial-responsibility arrangements.

If several companies or defendants contributed to the accident, additional policies may require investigation.

There is no responsible way to determine the total available insurance simply from the size of the truck.

The policies and business relationships must be identified.

What Should I Preserve?

Keep:

• photographs and videos;
• police information;
• witness names;
• medical records;
• medical bills;
• employment records;
• wage-loss information;
• towing documents;
• property-damage information; and
• communications from insurance companies.

Photographs of the tractor, trailer, company markings, license plates, and USDOT number can be particularly useful.

Hit in Stopped Traffic by an 18-Wheeler?

If you were stopped or slowing normally when an 18-wheeler crashed into you, the investigation should determine why the truck failed to respond to the traffic ahead.

Jacqueline Scott & Associates can investigate the driver, trucking company, electronic evidence, maintenance history, insurance, and other circumstances surrounding a serious Louisiana truck wreck.

The trucking company may already be investigating.

You can investigate too.

Make ’Em Pay.

Call Jacqueline Scott & Associates at (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 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.