What If an 18-Wheeler Lost Control on a Curve and Hit Me?

If an 18-wheeler entered a curve too fast, crossed into your lane, rolled over, jackknifed, or otherwise lost control and hit you, the investigation should determine why the driver failed to maintain control.

FMCSA specifically warns commercial drivers to reduce speed before entering curves and notes that large trucks may need to travel even slower than speeds shown on curve warning signs.

Why Do Trucks Lose Control on Curves?

Possible causes include:

• excessive speed;
• improper braking;
• cargo shift;
• distraction;
• fatigue;
• tire problems;
• mechanical problems; and
• poor weather.

What If the Truck Was Traveling at the Posted Speed?

That may still be too fast for a particular curve or condition.

FMCSA warns that curve advisory speeds are generally intended for passenger vehicles and that large trucks may need to slow further.

What If the Trailer Rolled Over?

A rollover may raise questions concerning speed, cargo, steering, braking, and vehicle stability.

Cargo records may be important.

What If the Truck Crossed the Center Line?

Physical evidence, video, electronic information, and witnesses may establish the truck’s path.

A passenger driver should not automatically be blamed because the truck lost control.

Could Cargo Shift Cause the Accident?

Yes.

Improper loading or securement can affect stability.

Potential evidence includes bills of lading, weight records, loading documents, and cargo photographs.

Could Tire or Suspension Problems Be Involved?

Potentially.

The truck and trailer may need mechanical inspection.

Maintenance records can reveal previous problems.

Could Distraction Be Responsible?

Yes.

A distracted driver may fail to recognize a curve or reduce speed in time.

FMCSA identifies dispatch devices, cellphones, eating, and other activities as potential driver distractions.

Could Fatigue Matter?

Yes.

Fatigue can impair judgment and reaction.

ELD, GPS, dispatch, fuel, and delivery records may help reconstruct the driver’s schedule.

What Electronic Evidence May Help?

Potential evidence includes:

• GPS;
• telematics;
• dashcams;
• electronic truck information;
• ELD records; and
• dispatch records.

What Injuries Can Occur?

Curve accidents can cause head-on impacts, rollovers, and multi-vehicle collisions.

Potential injuries include brain injuries, spinal injuries, fractures, internal injuries, amputations, paralysis, and death.

What Damages May Be Available?

Depending on the facts, recoverable damages may include medical expenses, future care, wage loss, diminished earning ability, and other legally recoverable losses.

What Should I Do?

Get medical treatment.

Preserve scene photographs and video.

Identify witnesses.

Document truck information.

Keep treatment and employment records.

Jacqueline Scott & Associates Investigates Loss-of-Control Truck Wrecks

A trucking company may call the crash a loss-of-control accident.

The important question is why control was lost.

Speed?

Cargo?

Tires?

Fatigue?

Distraction?

Mechanical failure?

Jacqueline Scott & Associates can investigate the full circumstances of 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 is 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.