What If an 18-Wheeler’s Trailer Swung Into My Vehicle?

If an 18-wheeler’s trailer swung into your vehicle in Louisiana, the truck driver’s responsibility does not disappear simply because the tractor itself never touched your car.

The driver is responsible for safely controlling the tractor-trailer combination. A serious investigation should determine how the maneuver occurred, whether the driver allowed sufficient clearance, whether the driver knew your vehicle was present, and whether other factors contributed to the collision.

Why Can a Trailer Hit a Vehicle When the Tractor Does Not?

A tractor-trailer is an articulated vehicle.

The tractor and trailer pivot relative to one another.

During a turn or lane maneuver, the trailer may follow a different path from the tractor.

That creates hazards for vehicles positioned:

• beside the trailer;
• near an intersection;
• near a curb;
• in an adjacent lane;
• near a highway entrance; or
• beside the truck during a wide turn.

Truck drivers must account for the entire vehicle—not merely the cab.

What Is Trailer Off-Tracking?

When a tractor-trailer turns, the trailer’s wheels may follow a path inside the tractor’s path.

This is sometimes referred to as off-tracking.

The longer the combination and sharper the turn, the more important it becomes for the driver to allow sufficient space.

A passenger vehicle can be struck if the driver fails to account for the trailer’s path.

What About Trailer Swing?

The rear portion of a trailer can also move laterally during certain maneuvers.

Depending on how the truck is turning or changing direction, the rear of the trailer can create a danger zone for nearby traffic.

That is one reason a commercial driver must know what is around the entire tractor-trailer before and during a maneuver.

What If I Was Already in My Lane?

Document that fact.

The trucking company or insurer may later argue that you attempted to pass the truck improperly or entered an unsafe space.

The physical evidence may help establish what actually happened.

Investigators can examine:

• lane markings;
• vehicle damage;
• scrape patterns;
• final positions;
• photographs;
• video; and
• witness statements.

A dashcam can be particularly useful in establishing that your vehicle remained in its lane while the trailer moved toward you.

What If the Driver Says I Was in a Blind Spot?

Large commercial trucks have significant blind areas.

But commercial drivers are trained to understand the limitations of the vehicles they operate.

FMCSA advises commercial drivers to monitor blind spots and make turns carefully.

The relevant question is not simply whether a blind spot existed.

The investigation should determine whether the driver exercised appropriate care given that known limitation.

What If the Trailer Hit Me During a Lane Change?

This may indicate that the driver moved laterally before the trailer had sufficient clearance.

Investigators may ask:

• When did the truck begin changing lanes?
• Did the driver signal?
• How long had your vehicle been beside the truck?
• Did the truck driver check mirrors?
• Did the truck have side cameras?
• Was another vehicle affecting the maneuver?
• Where did the initial impact occur?

The point of impact on your car and trailer can help reconstruct the event.

What If It Happened During a Turn?

Turns present additional concerns.

Large trucks may need to swing wide to complete certain turns safely. FMCSA specifically recognizes wide turns as an operating challenge for large trucks.

However, needing additional space does not give a truck driver permission to collide with surrounding vehicles.

The driver must plan and execute the maneuver safely.

Could Speed Contribute to Trailer Movement?

Potentially.

Speed can affect a driver’s ability to safely negotiate turns, curves, and lane changes.

Excessive speed may also contribute to loss of control, trailer sway, or rollover risk depending on the circumstances.

Evidence concerning vehicle movement may potentially come from truck electronic systems, GPS, telematics, video, witnesses, and reconstruction.

Could Cargo Affect the Trailer?

Yes.

Cargo weight and distribution can affect trailer stability.

Improperly loaded or shifting cargo can contribute to:

• trailer sway;
• loss of control;
• rollover; or
• unexpected handling.

If cargo appears relevant, investigators may examine:

• bills of lading;
• loading records;
• weight tickets;
• securement equipment;
• cargo photographs; and
• the identity of the loading company.

Who Owns the Trailer?

Do not assume the company operating the tractor owns the trailer.

Commercial transportation arrangements can involve separate ownership.

The tractor may belong to one company while the trailer belongs to another.

Photograph identifying information on both pieces of equipment whenever possible.

Ownership alone does not automatically establish legal responsibility, but identifying every entity connected to the equipment can be important.

Could Maintenance Be Involved?

Possibly.

Trailer components can require inspection and maintenance.

Depending on the cause of the collision, investigators may consider the condition of:

• tires;
• suspension;
• brakes;
• coupling equipment;
• lights;
• structural components; and
• other relevant systems.

Maintenance records may identify who was responsible for servicing the trailer.

What Electronic Evidence Might Exist?

The tractor or fleet may have:

• dashcams;
• side cameras;
• driver-facing cameras;
• GPS;
• telematics;
• electronic control systems;
• fleet-management data; and
• dispatch records.

Video can be particularly useful in a sideswipe dispute.

What If the Trailer Forced Me Off the Road?

You may have a serious accident without direct contact.

If a swinging trailer entered your lane and you swerved to avoid being hit, the truck driver’s conduct may still be relevant to why you crashed.

Evidence becomes especially important in these situations.

Witnesses or dashcam video may establish that the trailer caused the evasive maneuver.

What Injuries Can Result?

Trailer collisions can cause vehicles to spin, roll over, strike barriers, or collide with other traffic.

Injuries can include:

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

Some victims require surgery and long-term rehabilitation.

What Insurance Could Apply?

Potential insurance depends on the responsible parties and the commercial arrangements.

The motor carrier may have commercial liability coverage.

If another company is legally responsible for equipment, cargo, maintenance, or another contributing factor, additional insurance questions may arise.

Coverage should be verified through investigation.

What Should I Do?

Seek medical treatment.

Save photographs and video.

Document both the tractor and trailer.

Obtain witness information.

Preserve your own dashcam footage immediately.

Keep medical, employment, and expense records.

If your injuries are serious, early investigation may help preserve trucking-company video and electronic information before ordinary retention practices affect it.

Talk With Jacqueline Scott & Associates

If an 18-wheeler’s trailer swung into your vehicle, the trucking company may describe the incident as a blind-spot accident.

That should not end the investigation.

Why did the trailer enter your space?

Did the driver have sufficient clearance?

Was your vehicle already there?

Was the driver watching the mirrors?

Was the truck moving too quickly?

Did cargo or equipment contribute?

Jacqueline Scott & Associates can investigate those questions after a serious 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 information is general 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.