What If an 18-Wheeler Hit Me at a Stop Sign?

If an 18-wheeler hit you at a stop sign in Louisiana and you were not at fault, determining responsibility may require more than obtaining the police report.

A serious investigation may examine surveillance footage, witness statements, electronic trucking information, driver records, cellphone evidence, vehicle damage, roadway conditions, and the trucking company’s safety practices.

The central question is simple:

Why did the 18-wheeler enter the intersection when it was not safe to do so?

What If the 18-Wheeler Ran the Stop Sign?

If the truck driver failed to stop at a stop sign and crashed into your vehicle, that fact can be highly significant.

But proving what occurred may still require evidence.

The truck driver may later claim that:

• the truck stopped;
• you entered the intersection unexpectedly;
• another vehicle blocked the driver’s view;
• the stop sign was difficult to see;
• you were speeding; or
• you failed to yield.

Objective evidence can help resolve competing versions of the accident.

Potential evidence includes surveillance video, dashcam footage, witnesses, physical damage, roadway evidence, and certain electronic information from the truck.

What If the Truck Rolled Through the Stop Sign?

A truck does not necessarily have to travel through a stop sign at full speed for the maneuver to become dangerous.

A driver may slow substantially without coming to the required stop.

That can still place another motorist in danger if the truck enters an occupied intersection.

Video can be particularly useful in determining whether the tractor-trailer actually stopped.

Businesses, residences, schools, gas stations, or traffic systems near the intersection may have cameras.

What If I Had the Right of Way?

The sequence in which vehicles arrived at the intersection can be important, particularly at multi-way stops.

Witnesses may help establish:

• which vehicle arrived first;
• whether the truck stopped;
• when each vehicle entered the intersection;
• whether signals were used; and
• how fast the vehicles appeared to be traveling.

Dashcam footage can provide even stronger evidence.

What If the Truck Driver Says I Pulled Out in Front of Them?

Do not assume that statement determines fault.

Investigators can compare the driver’s account with physical evidence.

Questions may include:

• Where was the initial impact?
• Which portion of each vehicle was damaged?
• Where did the vehicles stop?
• Were skid marks present?
• Did the truck brake?
• Was there video?
• What did independent witnesses see?

Accident reconstruction may be appropriate in a catastrophic collision.

Could the Driver Have Been Distracted?

Yes.

A truck driver approaching an intersection needs to recognize traffic-control devices and surrounding vehicles.

A distracted driver may fail to see a stop sign until it is too late.

Potential distractions include:

• texting;
• cellphone use;
• navigation;
• dispatch messages;
• paperwork;
• food or drinks; and
• other in-cab activities.

Federal rules restrict texting and hand-held cellphone use by covered interstate commercial drivers while driving.

Cellphone and company communication evidence may become important depending on the circumstances.

Could Fatigue Cause a Stop-Sign Accident?

Fatigue can affect attention, judgment, and reaction time.

A tired driver might overlook a stop sign, misjudge another vehicle’s speed, or make a poor decision about entering an intersection.

If fatigue is suspected, investigators may examine the driver’s recorded hours and trip history.

Potential sources include:

• ELD records;
• GPS information;
• dispatch records;
• fuel receipts;
• toll records;
• delivery documents; and
• time-stamped communications.

These records can help reconstruct the driver’s activities before the accident.

What If the Truck Couldn’t Stop?

That explanation raises additional questions.

Why couldn’t it stop?

Investigators may need to determine whether:

• the driver was traveling too fast;
• the driver reacted too late;
• the brakes were defective;
• the tires were unsafe;
• the truck was overloaded;
• the road was wet; or
• maintenance was inadequate.

If the driver claims mechanical failure, preserving the tractor and trailer may become especially important.

Could the Trucking Company Be Responsible?

Potentially.

The truck driver’s conduct is only one part of a commercial trucking investigation.

Depending on the facts, the motor carrier’s conduct may also require examination.

Issues can include:

• driver qualification;
• training;
• supervision;
• safety history;
• hours-of-service compliance;
• maintenance;
• previous complaints; and
• company safety policies.

If the company knew the driver had a history of dangerous driving, that information may become relevant.

What If the Driver Had Previous Traffic Violations?

A driver’s prior record does not automatically establish responsibility for a new accident.

However, the driver’s qualification and safety history may become important when evaluating the trucking company’s decisions.

Investigators may examine whether the company appropriately reviewed the driver’s qualifications and responded to known safety concerns.

What Electronic Evidence Could Exist?

A commercial truck or fleet may use several electronic systems.

Potential sources include:

• dashcams;
• driver-facing cameras;
• GPS;
• telematics;
• electronic control systems;
• ELDs;
• dispatch platforms; and
• fleet-management systems.

Each system has a different purpose.

An ELD should not automatically be described as a crash-data recorder. Its primary purpose involves recording information related to hours-of-service compliance.

Other systems may contain information more relevant to speed or vehicle operation.

What If the Stop Sign Was Obstructed?

That fact should be documented.

Trees, construction equipment, signs, vegetation, or other objects can sometimes interfere with visibility.

However, an obstructed sign does not automatically eliminate driver responsibility.

Investigators should determine what the driver could see and whether other roadway conditions should have alerted the driver to the intersection.

Photographs taken close to the time of the accident can be valuable because vegetation, construction, and signage can change.

What Injuries Can a Stop-Sign Truck Accident Cause?

Intersection collisions frequently involve side impacts.

A passenger vehicle may have relatively little structure between an occupant and an approaching tractor-trailer.

Potential injuries include:

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

Fatal injuries can also occur.

What If I Need Surgery?

Keep detailed medical records.

Serious injuries may require:

• hospitalization;
• diagnostic imaging;
• orthopedic treatment;
• neurological treatment;
• spinal treatment;
• surgery;
• rehabilitation; and
• long-term care.

Future medical needs can become an important component of a catastrophic injury claim.

What If I Cannot Return to Work?

Document your employment losses.

A serious injury can affect more than the paychecks missed immediately after the accident.

Depending on the circumstances, damages may involve questions concerning:

• past lost wages;
• future wage loss;
• reduced earning ability;
• lost employment opportunities; and
• permanent work restrictions.

Vocational and economic analysis may become relevant in serious cases.

What Insurance May Be Available?

Commercial trucking operations may maintain commercial auto liability insurance and potentially additional coverage depending on the business and circumstances.

Other legally responsible entities may have separate policies.

Available insurance should be investigated rather than assumed.

What Should I Do After the Accident?

Get medical attention.

Report the accident.

Preserve photographs and video.

Identify witnesses.

Photograph the tractor, trailer, company markings, USDOT number, license plates, and intersection.

Save dashcam footage.

Keep medical and employment documentation.

And be cautious about signing a release before you understand your injuries and the parties involved.

Jacqueline Scott & Associates Investigates Louisiana 18-Wheeler Accidents

If an 18-wheeler hit you at a stop sign, the investigation should determine exactly why the truck entered the intersection.

Did the driver stop?

Was the driver distracted?

Was the driver fatigued?

Was the truck traveling too fast?

Did the brakes work?

What does the video show?

What does the electronic evidence show?

Jacqueline Scott & Associates can investigate serious Louisiana trucking accidents involving commercial drivers, trucking companies, electronic evidence, insurance, and catastrophic injuries.

Make ’Em Pay.

Call Jacqueline Scott & Associates at (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 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.