What If an 18-Wheeler Was Driving Too Fast for Road Conditions?

Rain, fog, curves, construction, congestion, uneven pavement, and other conditions may require a commercial driver to slow substantially.

FMCSA describes "too fast for conditions" as traveling faster than is reasonable for safe driving under existing circumstances and specifically identifies wet roads, reduced visibility, construction zones, curves, intersections, and heavy traffic as examples.

If an 18-wheeler hit you because its driver failed to adjust speed for Louisiana road or weather conditions, speed may become a central issue in determining responsibility.

How Can a Truck Be Going Too Fast Without Speeding?

Suppose the posted limit is 70 mph.

That does not necessarily mean traveling 70 mph is safe during:

• torrential rain;
• dense fog;
• heavy congestion;
• road construction;
• standing water; or
• another hazardous condition.

The driver must respond to the conditions actually present.

Why Is Speed Especially Important for 18-Wheelers?

Large trucks require substantially more distance to stop than passenger vehicles.

FMCSA currently warns commercial drivers that large trucks and buses may require up to approximately two football fields to stop and emphasizes adjusting speed for changing conditions.

Greater speed can also increase the severity of a collision.

What Conditions Should Make a Truck Driver Slow Down?

Examples include:

• heavy rain;
• fog;
• standing water;
• curves;
• construction;
• heavy traffic;
• crashes ahead;
• lane closures;
• uneven pavement; and
• limited visibility.

How Can We Determine the Truck’s Speed?

Potential evidence may include:

• electronic vehicle information;
• GPS;
• telematics;
• dashcam footage;
• witnesses;
• roadway evidence; and
• accident reconstruction.

Different trucks record different information.

What If the Driver Was Under the Speed Limit?

That does not necessarily resolve the issue.

The relevant question may be whether the speed was reasonable for the actual conditions.

Could the Trucking Company Be Involved?

Potentially.

Investigators may examine whether the company trained drivers on safe speed, monitored driving behavior, used telematics or speed alerts, or responded to prior unsafe-driving events.

What If Dispatch Was Pressuring the Driver?

Dispatch communications can become relevant if a driver was rushing to meet an unrealistic deadline.

Potential evidence includes messages, route information, appointment times, GPS records, and delivery documents.

Could Cargo Make Speed More Dangerous?

Cargo weight and distribution can affect handling.

A heavily loaded tractor-trailer may respond differently during braking, turning, or emergency maneuvers.

Cargo records may therefore become relevant.

What If the Truck Lost Control?

Investigators should determine why.

Potential causes include:

• excessive speed;
• improper braking;
• steering corrections;
• tire problems;
• cargo shift;
• weather; or
• mechanical defects.

What Evidence Should Be Preserved?

Potential evidence includes:

• truck electronic data;
• GPS;
• telematics;
• dashcams;
• ELD information;
• dispatch communications;
• maintenance records;
• cargo documents;
• photographs; and
• witnesses.

What Injuries Can Result?

High-speed truck accidents can cause catastrophic injuries including brain injury, spinal cord damage, fractures, internal injuries, amputations, paralysis, and death.

What If I Need Long-Term Care?

Future treatment can be an important part of a serious injury claim.

Needs may include surgery, rehabilitation, medication, therapy, home health care, equipment, and home modifications.

What Insurance May Apply?

Commercial liability coverage and potentially other insurance may apply depending on the responsible parties and operation.

Coverage should be verified.

What Should I Do?

Seek medical treatment.

Preserve evidence.

Save video.

Keep records of treatment and lost work.

Do not assume the truck was traveling safely merely because it may have been below the posted speed limit.

Talk With Jacqueline Scott & Associates

The speed limit is not always the same thing as a safe speed.

If an 18-wheeler hit you after failing to slow for dangerous conditions, Jacqueline Scott & Associates can investigate speed, electronic evidence, the driver, trucking company, equipment, and insurance.

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 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.