What If an 18-Wheeler Hit My Parked Vehicle While I Was Inside?

A tractor-trailer can strike a parked vehicle at a truck stop, parking lot, loading area, roadside location, business, rest area, hotel, gas station, or other location.

If you were sitting inside a legally parked vehicle when an 18-wheeler hit you in Louisiana, the fact that your vehicle was stationary may make the basic circumstances appear straightforward.

But serious injuries can still require a detailed investigation.

The questions may include why the truck struck a stationary vehicle, whether the driver was distracted or fatigued, whether visibility was poor, whether the driver was backing, whether the truck driver had sufficient room to maneuver, and whether the trucking company or property conditions contributed.

How Do 18-Wheelers Hit Parked Cars?

Several scenarios are possible.

A truck may:

• back into a parked car;
• swing its trailer into a vehicle;
• make a wide turn;
• lose control;
• enter a parking area too quickly;
• sideswipe parked vehicles;
• roll backward;
• leave a roadway; or
• strike a vehicle because the driver was distracted.

The exact mechanism matters because it can determine what evidence should be preserved.

What If I Was Legally Parked?

Document where your vehicle was located.

Photographs can show:

• parking lines;
• signs;
• curbs;
• lighting;
• roadway configuration;
• nearby cameras; and
• the distance between your vehicle and traffic areas.

If the trucking company later claims your vehicle was improperly positioned, photographs and surveillance footage may provide objective evidence.

What If I Was Sitting in the Driver’s Seat?

You can suffer injury regardless of which seat you occupied.

A sudden impact can cause your body to move violently even though your vehicle was stationary.

Potential injuries include:

• concussion;
• traumatic brain injury;
• neck injury;
• back injury;
• herniated discs;
• shoulder injury;
• knee injury;
• fractures; and
• nerve damage.

A parked vehicle can also be pushed into another vehicle, wall, barrier, pole, or structure.

What If the Impact Seemed Minor?

Vehicle appearance does not necessarily tell the entire medical story.

If you experience symptoms after the collision, seek appropriate medical evaluation.

Tell your provider how the accident occurred and accurately describe your symptoms.

Do not exaggerate, but do not minimize them either.

Why Would a Professional Truck Driver Hit a Stationary Vehicle?

That is an important question.

Possible explanations include:

• distraction;
• fatigue;
• inadequate observation;
• unsafe backing;
• excessive speed;
• poor maneuvering;
• blind-spot problems;
• mechanical failure; or
• inadequate clearance.

The explanation may lead investigators toward different evidence.

Could the Driver Have Been Distracted?

Yes.

A commercial driver may be interacting with:

• a cellphone;
• dispatch system;
• GPS;
• paperwork;
• electronic logging equipment; or
• another in-cab device.

Potential evidence can include company communications, cellphone information, dashcam footage, and driver-facing camera footage.

Could Fatigue Be Involved?

Fatigue can affect low-speed maneuvers as well as highway driving.

A tired driver may have reduced attention and judgment.

If fatigue is suspected, investigators may examine ELD records and compare them with GPS, fuel receipts, delivery records, dispatch communications, and other time-stamped information.

What If the Truck Was Backing?

Backing accidents deserve particular attention because the driver may have limited visibility.

Questions include:

• Did the driver inspect the area?
• Was a spotter available?
• Was a backup camera installed?
• Was the camera working?
• Did the truck have an audible warning?
• Was the area adequately lit?
• Did company policy address backing?

Surveillance video can be especially important.

What If the Trailer Swung Into My Car?

The tractor itself does not need to make contact.

During a turn, the trailer can move into surrounding space and strike a parked vehicle.

The truck driver must account for the entire tractor-trailer combination.

Damage patterns and video may help show exactly how the trailer contacted your vehicle.

Could the Property Owner Be Responsible?

Potentially, but only if the evidence supports it.

A parking or loading area may present issues involving:

• lighting;
• traffic flow;
• parking configuration;
• obstructions;
• signage; or
• unsafe loading patterns.

The property owner’s role should be investigated when the physical layout appears to have contributed to the collision.

That does not mean every parking-lot truck accident creates a claim against the property owner.

Could the Trucking Company Be Responsible?

The driver’s relationship with the motor carrier should be identified.

The company’s own conduct may also become relevant if the evidence raises questions concerning:

• training;
• qualification;
• supervision;
• fatigue management;
• prior safety problems; or
• company procedures.

What Evidence Should I Preserve?

Parking areas often have more cameras than open highways.

Potential evidence may exist at:

• stores;
• hotels;
• truck stops;
• gas stations;
• warehouses;
• security gates;
• neighboring businesses; and
• parking facilities.

Ask that relevant footage be identified and preserved as soon as possible.

Other evidence may include:

• truck camera footage;
• GPS information;
• electronic records;
• dispatch communications;
• photographs;
• witnesses; and
• police reports.

What If the Trucking Company Offers to Pay for My Car?

Property damage and bodily injury are different issues.

Do not assume that resolving damage to your vehicle necessarily addresses your injuries.

Before signing a release, understand exactly what claims the document resolves.

If you are still treating, the future course of your injuries may not yet be known.

What If I Already Had Back or Neck Problems?

A prior condition does not necessarily mean a new accident caused no injury.

The medical question may be whether the collision caused a new injury or aggravated an existing condition.

Medical records before and after the accident can become important.

Be accurate with medical providers about prior conditions.

What If I Need Surgery?

Serious injuries may not be fully diagnosed on the day of the accident.

Treatment may progress from:

• emergency evaluation;
• medication;
• therapy;
• imaging;
• specialist care;
• injections; to
• surgery.

Keep documentation throughout the process.

Can I Recover Lost Wages?

If your injuries prevent you from working, wage loss may become part of the damages analysis depending on the circumstances.

Preserve:

• pay stubs;
• employer verification;
• tax records where appropriate;
• work restrictions; and
• documentation of missed time.

Permanent restrictions can also affect future earning capacity.

What Commercial Insurance May Apply?

The truck may be connected to a motor carrier with commercial liability coverage.

Additional insurance may potentially exist depending on the companies involved and the structure of the trucking operation.

Coverage should be investigated rather than estimated based solely on the vehicle’s size.

What If the Driver Says They Never Hit Me?

Physical and electronic evidence may help.

Vehicle damage, paint transfer, surveillance footage, witnesses, truck cameras, and other information can help establish whether contact occurred.

Photograph the damage promptly.

What Should I Do Afterward?

Get appropriate medical care.

Report the collision.

Take photographs.

Identify the truck and trailer.

Obtain witness information.

Look for cameras.

Keep medical and employment documentation.

Save all correspondence from insurance representatives.

And do not sign a release without understanding its effect.

Jacqueline Scott & Associates Can Investigate

If an 18-wheeler hit your parked vehicle while you were inside, the fact that you were stationary may be powerful evidence—but the investigation should not necessarily stop there.

Why did a commercial truck hit a parked vehicle?

Was the driver distracted?

Was the driver tired?

Was the truck backing?

Was the trailer improperly maneuvered?

Was the area unsafe?

What video exists?

What insurance applies?

Jacqueline Scott & Associates can investigate those questions after a serious Louisiana 18-wheeler accident.

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 educational information and does not constitute 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.