An 18-Wheeler Hit Me and I Wasn’t at Fault—What Happens Next?

Unfortunately, serious truck accident claims can be considerably more complicated.

The trucking company or its insurance carrier may investigate the collision immediately. Responsibility may be disputed. Several companies may be connected to the truck. Important electronic evidence may exist. And if your injuries are serious, determining the full impact of the wreck may take time.

Understanding what happens next can help you protect yourself.

First: Your Health Comes Before the Insurance Claim

Get appropriate medical attention.

A collision with a tractor-trailer can cause significant forces even when the passenger vehicle does not initially appear destroyed.

Depending on the crash, injuries can include:

• concussion or traumatic brain injury;
• neck and back injuries;
• herniated discs;
• spinal cord injuries;
• shoulder and knee injuries;
• broken bones;
• internal injuries;
• nerve damage; and
• permanent impairment.

Tell your medical providers accurately what you are experiencing and follow recommended treatment.

If symptoms change or become worse, report that to your medical provider rather than assuming the problem will disappear.

What Happens After the Crash Is Reported?

Law enforcement may investigate the scene and prepare an accident report.

Meanwhile, the trucking company may begin its own investigation.

Commercial transportation companies may have safety personnel, insurance representatives, investigators, attorneys, or other professionals responding to a serious crash.

That does not mean you have done anything wrong.

It does mean you should understand that the other side may begin protecting its interests very quickly.

What If It Is Obvious That I Wasn’t at Fault?

Clear liability is helpful, but it does not answer every question.

Imagine that you were sitting at a red light when an 18-wheeler rear-ended your vehicle.

The question of who caused the initial impact may be straightforward.

But a serious injury case can still require answers to questions such as:

• Why didn’t the truck stop?
• Was the driver distracted?
• Was the driver fatigued?
• Was the truck speeding?
• Were the brakes properly maintained?
• Was the driver qualified?
• Was the driver working for the motor carrier shown on the truck?
• Who owned the tractor?
• Who owned the trailer?
• Was another company responsible for maintenance?
• What insurance policies apply?

Those questions can affect who may be legally responsible and what evidence should be preserved.

The Truck Driver May Not Be the Only Responsible Party

An 18-wheeler is part of a commercial operation.

Depending on the facts, potentially responsible parties could include a driver, motor carrier, employer, tractor owner, trailer owner, maintenance provider, cargo-loading company, or another business.

For example, suppose a driver rear-ends you because the truck’s brakes fail.

The investigation should not automatically stop with the driver.

It may be necessary to determine whether required inspections occurred, whether brake problems had previously been reported, who maintained the truck, and whether someone knowingly allowed an unsafe vehicle onto the highway.

Evidence Can Tell the Story

Modern commercial trucks may produce electronic information that passenger vehicles do not.

Potential evidence may include:

• electronic control module information;
• event data;
• ELD records;
• GPS or telematics;
• dashcam video;
• driver-facing video;
• dispatch communications;
• inspection records;
• maintenance records;
• driver qualification files; and
• cellphone records.

Witness testimony, photographs, police records, traffic cameras, and surveillance footage can also be important.

The goal is not merely to say the truck driver was at fault. The goal is to establish why the wreck happened and identify everyone whose conduct contributed to it.

What Is an ELD?

Many commercial drivers subject to federal requirements use electronic logging devices, or ELDs.

An ELD synchronizes with the commercial vehicle’s engine and automatically records information used for hours-of-service compliance, including driving-related duty information, vehicle motion, miles driven, engine hours, and identifying information.

ELD information can therefore be relevant when fatigue or driving hours are an issue.

An ELD should not be confused with a crash-data recorder. Federal ELD specifications do not require the device to record vehicle-performance parameters such as speed, braking, or steering.

Those types of information may come from other truck systems or fleet technology.

What About the Trucking Company’s Insurance?

Commercial trucking insurance can involve substantially different coverage arrangements from a personal auto policy.

Depending on the operation, there could be:

• primary commercial auto coverage;
• excess coverage;
• umbrella coverage;
• self-insurance;
• policies belonging to additional responsible businesses; or
• other applicable coverage.

Do not assume that the insurance card handed to police identifies every potential source of coverage.

A thorough investigation may need to examine both liability and insurance.

What If the Insurance Adjuster Calls Me?

An adjuster may ask how the wreck happened, how you are feeling, where you received treatment, or whether you will provide a recorded statement.

Be careful about signing broad authorizations or releases you do not understand.

The seriousness of some injuries may not be known immediately.

For example, a person initially treated conservatively for a spinal injury might later be referred for injections or surgery.

Settling before the medical picture is reasonably understood can create problems because settlement releases are generally intended to end the claims covered by the agreement.

What If the Trucking Company Blames Me Anyway?

Do not assume that an allegation of fault is the final answer.

Physical evidence, electronic data, witnesses, video, vehicle damage, and accident reconstruction may provide a more objective picture of what happened.

Louisiana also has rules governing fault allocation, making a careful liability investigation important whenever responsibility is disputed.

Keep Track of How the Accident Changes Your Life

Save documentation relating to:

• emergency treatment;
• hospital care;
• doctor appointments;
• therapy;
• medications;
• surgeries;
• medical expenses;
• missed work;
• wage loss;
• work restrictions; and
• accident-related expenses.

Serious injuries may also involve future treatment, reduced earning ability, permanent limitations, and significant effects on everyday life.

Those issues should not be overlooked simply because liability appears clear.

Don’t Wait to Preserve Trucking Evidence

Louisiana law provides deadlines for bringing claims, but the evidence clock can move much faster.

Video can be overwritten. Electronic data can change. Vehicles can be repaired. Employees can leave companies. Witnesses can become difficult to locate.

Early investigation can therefore matter even when there appears to be plenty of time before a legal deadline.

Jacqueline Scott & Associates Investigates Louisiana 18-Wheeler Wrecks

If an 18-wheeler hit you and you were not at fault, the question should not stop at, "Did the truck driver have insurance?"

A serious investigation may ask:

Who controlled the driver? Who owned the equipment? Why did the wreck happen? What records exist? Were safety requirements followed? Which companies may be responsible? What insurance applies?

Jacqueline Scott & Associates represents injured people and can investigate serious Louisiana truck wrecks.

Make ’Em Pay.

Call (318) 746-5997 to discuss your accident.

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.