What If an 18-Wheeler Hit Me While Passing My Vehicle?

If an 18-wheeler hit you while passing your vehicle in Louisiana, the collision may raise important questions about the truck driver’s lane change, speed, observation, blind spots, signaling, distraction, and decision to pass.

The trucking company may argue that your vehicle was in the truck driver’s blind spot or that you changed speed while the truck was passing. Those statements should not automatically determine responsibility.

A thorough investigation can examine physical evidence, witnesses, video, electronic trucking information, and the positions of the vehicles to determine what actually happened.

Why Are Passing Accidents With 18-Wheelers Dangerous?

An 18-wheeler needs considerably more space than a passenger vehicle to complete a passing maneuver.

The truck driver must safely:

1. recognize surrounding traffic;
2. determine whether there is enough space;
3. move into the passing lane;
4. clear the passenger vehicle;
5. determine when the entire trailer has passed; and
6. return to the original lane safely.

A mistake during any part of that maneuver can place another motorist in danger.

The passenger vehicle can be sideswiped, pushed from the roadway, forced into another lane, spun around, or trapped near the trailer.

What If the Truck Moved Back Into My Lane Too Soon?

This is one of the most important passing-accident scenarios.

A truck driver may believe the tractor and trailer have cleared your vehicle when part of the trailer is still beside you.

If the driver moves back into your lane too early, the trailer can strike the side or front of your vehicle.

Investigators may examine:

• the location of damage;
• scrape patterns;
• witness accounts;
• dashcam footage;
• traffic-camera footage;
• other motorists’ video; and
• roadway evidence.

The damage pattern may help establish where the vehicles were when contact occurred.

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

Large trucks do have significant blind spots.

But the existence of a blind spot does not automatically establish that a passenger-vehicle driver caused the collision.

Commercial drivers know—or should know—that their vehicles have visibility limitations.

FMCSA safety guidance specifically emphasizes blind-spot awareness for truck and bus drivers.

A proper investigation should determine whether the driver checked mirrors, monitored surrounding vehicles, and allowed sufficient clearance before returning to the lane.

Did the Truck Driver Use a Signal?

Turn signals can be important evidence.

A truck driver should give surrounding motorists appropriate notice before changing lanes.

If the driver moved suddenly without signaling, you may have had little opportunity to react.

Video from:

• your dashcam;
• the truck’s dashcam;
• another vehicle;
• nearby businesses; or
• roadway cameras

may help determine whether a signal was used.

Witnesses may also remember seeing—or not seeing—a turn signal.

What If the Truck Was Speeding?

Speed can affect a passing maneuver in several ways.

A speeding truck may approach another vehicle rapidly, require more distance to slow, and create additional difficulty when returning to a lane.

Depending on the tractor and fleet technology, evidence relating to vehicle movement may potentially be obtained from:

• electronic vehicle systems;
• GPS;
• telematics;
• dashcams;
• fleet-management systems; or
• accident reconstruction.

Not every truck has the same technology, and not every electronic system records the same information.

That is why the specific tractor involved should be identified.

Could the Driver Have Been Distracted?

Yes.

Passing safely requires attention to multiple areas around the truck.

A driver who is interacting with a cellphone, dispatch device, GPS, or another system may fail to notice a passenger vehicle.

Federal rules prohibit covered interstate commercial drivers from texting while driving and restrict hand-held mobile-phone use.

Potential evidence can include cellphone records, dispatch communications, dashcam footage, driver-facing video, and other electronic records.

What If I Tried to Avoid the Truck and Crashed?

The truck does not necessarily have to physically hit your vehicle for its driver’s conduct to contribute to an accident.

Suppose the tractor-trailer begins moving into your occupied lane.

You may instinctively move onto the shoulder to avoid being crushed.

Your vehicle could then strike:

• a guardrail;
• concrete barrier;
• ditch;
• another vehicle; or
• roadside object.

The key question is what caused you to take the evasive action.

Video and independent witnesses can be especially important in a no-contact truck accident.

What If the Truck Never Stopped?

Do not chase an 18-wheeler.

Instead, report the collision and provide law enforcement with as much identifying information as possible.

Useful details include:

• trucking-company name;
• company logo;
• USDOT number;
• tractor number;
• trailer number;
• license plate;
• trailer markings;
• truck color;
• location; and
• direction of travel.

A partial identification may still help investigators determine which carrier operated the truck.

Could the Trucking Company Be Responsible?

Potentially.

The investigation may consider whether the motor carrier or employer properly:

• qualified the driver;
• trained the driver;
• supervised safety;
• monitored driver performance;
• responded to prior incidents; and
• maintained appropriate company safety practices.

If a driver repeatedly had problems with unsafe lane changes or passing maneuvers, records concerning the company’s knowledge and response could become relevant.

What Evidence Should Be Preserved?

Potential evidence includes:

• truck dashcam footage;
• side-camera footage;
• driver-facing video;
• GPS information;
• telematics;
• electronic vehicle information;
• ELD records where relevant;
• dispatch communications;
• cellphone information;
• driver qualification records;
• training records;
• police reports;
• photographs;
• witness statements; and
• your vehicle.

Some fleet video and electronic information may be retained for limited periods depending on the system and company practices.

Early preservation can therefore matter.

What Injuries Can a Passing Accident Cause?

A sideswipe may sound less severe than a head-on collision, but an interstate sideswipe involving an 18-wheeler can trigger a catastrophic sequence.

Your vehicle may:

• spin;
• roll over;
• leave the roadway;
• strike a barrier;
• collide with other traffic; or
• become trapped near the truck.

Possible injuries include traumatic brain injuries, spinal injuries, fractures, internal injuries, shoulder and knee injuries, nerve damage, paralysis, and permanent disability.

Fatal injuries are also possible.

What If I Need Surgery?

Document your treatment carefully.

Serious truck-accident injuries may require:

• emergency treatment;
• diagnostic imaging;
• injections;
• orthopedic surgery;
• spinal surgery;
• neurological care;
• rehabilitation; and
• future treatment.

Keep records of missed work and work restrictions as well.

What Insurance May Be Available?

Commercial trucking operations may maintain commercial liability insurance and potentially additional insurance depending on the operation and facts.

Other responsible businesses could also have separate policies.

Available insurance should be investigated rather than assumed based solely on an insurance card.

What Should I Do After the Wreck?

Get appropriate medical care first.

When possible, preserve:

• photographs of both vehicles;
• truck identification;
• witness information;
• police information;
• dashcam video;
• medical documentation; and
• employment records.

Do not assume the trucking company’s explanation of the passing maneuver is the final answer.

Jacqueline Scott & Associates Investigates 18-Wheeler Passing Accidents

If an 18-wheeler struck you while passing, the important question is not simply whether you were beside the truck.

The investigation should determine whether the commercial driver safely completed the maneuver.

Did the driver check the lane?

Did the trailer actually clear your vehicle?

Was a signal used?

Was the driver distracted?

What does the video show?

What electronic evidence exists?

Jacqueline Scott & Associates can investigate serious Louisiana 18-wheeler accidents involving trucking companies, commercial drivers, electronic evidence, and commercial 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 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.