What If an 18-Wheeler Hit Me While It Was Merging?

If the truck driver fails to account for surrounding traffic, a passenger vehicle can be sideswiped, forced from the roadway, pushed into a barrier, or trapped beside the trailer.

If an 18-wheeler hit you while the truck was merging in Louisiana, the driver’s claim that your vehicle was "in the blind spot" does not necessarily resolve responsibility.

A thorough investigation should determine what the truck driver could see, whether the driver checked surrounding traffic, whether signals were used, how the vehicles were moving, and whether distraction, fatigue, speed, or inadequate training contributed.

Why Are Tractor-Trailer Merges Different?

A tractor and trailer do not move exactly like a passenger car.

The truck is longer, requires more room, and can have significant areas around it that are difficult to observe directly.

The trailer’s movement also matters.

A driver may believe the tractor has cleared another vehicle while the trailer has not.

That can result in a passenger car being struck or squeezed between the trailer and another object.

What Should a Truck Driver Do Before Merging?

The precise duties depend on the circumstances and applicable traffic laws, but safe commercial driving generally requires careful observation and appropriate control before moving into another lane.

The investigation may consider whether the driver:

• checked mirrors;
• used available cameras;
• signaled;
• observed surrounding traffic;
• allowed adequate space;
• controlled speed; and
• completed the maneuver safely.

Driver training materials and company policies may also be relevant.

Is a Blind Spot an Excuse?

Not automatically.

Large trucks have areas where passenger vehicles may be difficult to see, but the existence of those areas is precisely why commercial drivers must use appropriate care before changing lanes or merging.

Evidence may help determine whether the passenger vehicle had been beside the truck long enough that the driver should have known it was there.

Dashcam, side-camera, mirror-camera, or other video can be valuable when available.

Witnesses may also describe the vehicles’ positions before impact.

What If the Truck Didn’t Use a Turn Signal?

That can be an important fact.

A turn signal gives surrounding drivers notice that a vehicle intends to move laterally.

Witness testimony, video, or dashcam footage may help establish whether a signal was used.

The investigation should consider all surrounding circumstances rather than relying on one fact alone.

What If I Tried to Avoid the Truck?

Evasive action does not necessarily make you responsible.

You may have:

• braked;
• accelerated;
• moved onto the shoulder;
• struck a guardrail;
• entered another lane; or
• collided with another vehicle while trying to avoid the tractor-trailer.

Investigators should reconstruct what forced the evasive maneuver.

A truck can potentially cause a crash without physically touching the first vehicle.

What If the Trailer Hit Me Instead of the Tractor?

That is common in lane-change and merge collisions.

Document damage to your vehicle and the truck if possible.

The point of impact may help establish the vehicles’ positions.

Investigators should also identify the trailer separately because the tractor and trailer can have different owners.

Photograph:

• tractor markings;
• trailer markings;
• unit numbers;
• license plates;
• USDOT information; and
• company logos.

Could Driver Distraction Be Involved?

Yes.

A driver interacting with dispatch, navigation, a phone, or another device may fail to complete an adequate check before merging.

Potential evidence could include:

• cellphone information;
• dispatch messages;
• dashcam video;
• driver-facing camera footage;
• company communications; and
• electronic fleet information.

What If the Driver Was Tired?

Fatigue can reduce awareness and judgment.

ELD records may provide information about recorded driving and duty status for drivers subject to the applicable federal rules.

Those records can be compared with other information, such as GPS, fuel receipts, tolls, delivery records, and dispatch communications.

Could Inadequate Training Be a Factor?

Potentially.

Operating a tractor-trailer safely requires specialized knowledge and skills.

When the driver’s handling of the truck raises concerns, an investigation may examine:

• qualifications;
• licensing;
• training;
• experience;
• safety history; and
• company supervision.

If a company knew about repeated unsafe driving or failed to address documented problems, additional questions may arise depending on the evidence and law.

What Evidence Should Be Preserved?

A serious merge collision may involve:

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

The sooner relevant systems are identified, the sooner appropriate preservation efforts can be considered.

What If the Trucking Company Says I Was in the Driver’s Blind Spot?

That is an allegation—not necessarily the end of the investigation.

Questions include:

• How long had your vehicle been beside the truck?
• Where was your vehicle positioned?
• Was the truck changing lanes?
• Did the truck signal?
• Did you have somewhere to escape?
• Was traffic preventing you from moving?
• What could the driver see through mirrors or cameras?
• Was the driver distracted?

Objective evidence can be more useful than competing recollections.

What Injuries Can a Merge Accident Cause?

A passenger vehicle sideswiped by a tractor-trailer may spin, roll over, strike a barrier, or become involved in a multi-vehicle collision.

Potential injuries include:

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

Some victims require surgery or long-term rehabilitation.

What Damages May Be Involved?

Depending on the circumstances and Louisiana law, a serious injury claim may involve issues concerning:

• medical expenses;
• future medical treatment;
• lost wages;
• reduced earning capacity;
• pain;
• permanent impairment; and
• other legally recoverable damages.

Permanent injuries require particular attention to future consequences.

What About Trucking Insurance?

Commercial trucking operations can involve different insurance arrangements from personal vehicles.

Potentially applicable coverage may include commercial auto liability insurance and, in some cases, additional coverage layers or policies associated with other responsible entities.

The actual coverage must be investigated.

What Should I Do After the Accident?

Get medical care.

Preserve photographs and video.

Obtain witness information.

Save your dashcam footage immediately if you have it.

Keep all medical and employment documentation.

And if you receive calls or documents from the trucking company’s insurer, understand what is being requested before signing releases or broad authorizations.

Jacqueline Scott & Associates Investigates Louisiana 18-Wheeler Merge Accidents

When an 18-wheeler merges into a passenger vehicle, the explanation should not simply be, "The car was in the blind spot."

The investigation should determine why the driver moved into an occupied space and what evidence proves how the collision occurred.

Jacqueline Scott & Associates can investigate the truck driver, trucking company, electronic evidence, training, safety history, equipment, and potentially applicable insurance.

If you were injured in a Louisiana 18-wheeler wreck, 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 is 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.