What If an 18-Wheeler Hit Me While I Was Merging Onto the Interstate?

If an 18-wheeler hit you while you were merging onto a Louisiana interstate, determining fault requires more than simply saying, "You were the vehicle merging."

Investigators should examine the entire sequence of events.

The truck driver may have changed speed, changed lanes, moved onto the shoulder, failed to maintain a lane, accelerated to prevent a merge, or failed to react appropriately to traffic.

Likewise, evidence concerning your vehicle’s position and movement must be considered.

The goal is to determine what actually happened.

Who Has the Right of Way When Entering an Interstate?

Merging situations depend on the specific roadway configuration and actions of the drivers.

Rather than assuming responsibility based only on which vehicle was on the entrance ramp, investigators may examine:

• traffic signs;
• lane markings;
• vehicle positions;
• speed;
• signals;
• roadway geometry;
• witness accounts; and
• video.

Louisiana traffic law and the specific facts should be applied to the actual collision.

Why Are 18-Wheeler Merge Accidents So Dangerous?

An 18-wheeler has a long tractor-trailer combination and large areas around the vehicle where another motorist may be difficult for the driver to see.

The trailer can also move laterally during a lane change.

A passenger vehicle may become:

• sideswiped;
• pushed onto the shoulder;
• pushed into a barrier;
• spun in front of the truck; or
• trapped beside or beneath portions of the trailer.

At interstate speeds, these collisions can cause catastrophic injuries.

What If the Truck Driver Says I Was in the Blind Spot?

A blind spot is not automatically a defense to negligent driving.

Commercial drivers are expected to account for the limitations of their vehicles and use appropriate observation before moving laterally.

An investigation can consider:

• mirror use;
• lane position;
• turn signals;
• dashcam video;
• side-camera footage;
• witnesses;
• electronic information; and
• physical damage.

The location of damage on both vehicles may help show how the collision developed.

What If the Truck Accelerated?

This can be important.

Suppose you entered an acceleration lane with adequate space, but the truck increased speed as you attempted to merge.

Electronic evidence or video might help reconstruct the vehicles’ relative positions and speed.

Depending on the equipment, GPS, telematics, electronic vehicle data, dashcams, or other systems may contain relevant information.

What If the Truck Changed Lanes at the Same Time?

Simultaneous lane movements can make fault more complicated.

A truck traveling in one interstate lane may begin moving into the lane you are attempting to enter.

Investigators may need to determine:

• when each vehicle began moving;
• whether signals were used;
• whether the truck driver checked surrounding traffic;
• whether another vehicle influenced the maneuver; and
• where the initial impact occurred.

Video can be especially valuable.

Could Distracted Driving Be Responsible?

Yes.

Merging areas require attention to multiple vehicles and changing speeds.

A driver distracted by a cellphone, navigation, dispatch communication, or another activity may fail to recognize a passenger vehicle entering the highway.

Potential evidence may include cellphone information, company communications, driver-facing cameras, and dashcam footage.

Could Fatigue Affect a Merge Accident?

Fatigue can impair awareness and decision-making.

If the driver’s alertness is questioned, investigators may examine ELD records and other documents showing the driver’s work and travel history.

Relevant records could include:

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

What Electronic Evidence Could Help?

Depending on the truck, evidence might include:

• dashcam footage;
• side-camera footage;
• GPS data;
• telematics;
• electronic control module information;
• ELD records;
• dispatch records; and
• fleet-management information.

Nearby vehicles may also have dashcams.

Interstate cameras may provide information depending on the location and whether footage is recorded and retained.

What If the Truck Forced Me Onto the Shoulder?

Document that fact carefully.

A driver may avoid direct contact with a tractor-trailer only to crash into a barrier, ditch, guardrail, or another vehicle.

Physical contact with the truck is not necessarily required for the truck driver’s actions to be relevant to causation.

Witnesses and video can become especially important when the tractor-trailer does not stop or there is no visible truck-to-car impact.

What If the Truck Driver Kept Going?

Try to obtain identifying information if you can do so safely.

Helpful information can include:

• company name;
• tractor number;
• trailer number;
• USDOT number;
• license plate;
• truck color;
• trailer markings; and
• time and location.

Do not chase the truck or place yourself in additional danger.

Law enforcement may be able to use identifying information, cameras, business records, or trucking information to help identify the vehicle.

Could the Trucking Company Be Responsible?

Potentially.

Depending on the facts, an investigation may examine the driver’s relationship with the motor carrier as well as:

• qualification;
• training;
• supervision;
• safety history;
• hours of service; and
• company policies.

If the driver had previous unsafe-driving incidents, additional issues may arise concerning what the company knew and how it responded.

What Injuries Can Result?

Sideswipe and merge accidents can become severe rollover or multi-impact collisions.

Possible injuries include:

• brain injuries;
• spinal injuries;
• fractures;
• shoulder injuries;
• knee injuries;
• internal injuries;
• nerve damage;
• crush injuries;
• paralysis; and
• permanent disability.

Fatal accidents can also occur.

What If the Insurance Company Blames Me?

Do not assume an adjuster’s fault determination is the final word.

Evidence may tell a different story.

Preserve:

• photographs;
• video;
• witness information;
• police records;
• vehicle damage;
• medical records; and
• communications from insurers.

Avoid altering or disposing of potentially important evidence in a seriously disputed case without considering whether an inspection may be necessary.

What Insurance May Be Available?

The amount and type of insurance depend on the trucking operation and potentially responsible entities.

Commercial liability coverage may apply, and other coverage could potentially exist depending on the circumstances.

If multiple businesses contributed to the accident, separate policies may need investigation.

Talk With Jacqueline Scott & Associates

If an 18-wheeler hit you while you were merging onto a Louisiana interstate, do not assume you are automatically responsible simply because you were near an entrance ramp.

The roadway, vehicle movements, truck driver’s conduct, physical evidence, witnesses, video, and electronic information should be evaluated.

Jacqueline Scott & Associates can investigate serious Louisiana 18-wheeler wrecks and the companies and insurance connected to them.

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.