What Should I Do After an 18-Wheeler Hits Me in Louisiana?

An 18-wheeler may be connected to a trucking company, motor carrier, tractor owner, trailer owner, cargo company, maintenance contractor, shipper, or other business. There may also be commercial insurance policies that would not normally exist in a typical passenger-vehicle accident.

If an 18-wheeler hits you in Louisiana, protecting your health and preserving evidence should be priorities from the beginning.

1. Get Medical Attention

Your health comes first.

Call 911 when emergency assistance is necessary. If you are transported by ambulance, follow the medical team’s recommendations. Even if you are able to leave the scene on your own, consider being evaluated if you are experiencing pain or other symptoms.

Truck accidents can cause injuries involving the:

• brain and head;
• neck and spine;
• shoulders;
• knees;
• hips;
• internal organs;
• nerves; and
• bones.

Some symptoms may not become obvious immediately.

Medical records can also document when your symptoms began, what injuries doctors identified, and what treatment was recommended.

2. Call Law Enforcement

A serious 18-wheeler wreck should be reported to law enforcement.

Officers may document the drivers, vehicles, witnesses, road conditions, insurance information, and circumstances surrounding the collision.

The police report can become an important part of the investigation, but it should not necessarily be treated as the only evidence.

Commercial trucks can generate electronic and company records that police may never obtain.

3. Photograph the Truck

If you can safely do so, take photographs and video.

Try to capture:

• the tractor;
• trailer;
• license plates;
• company names;
• logos;
• USDOT numbers;
• identifying numbers on the truck;
• damage to both vehicles;
• debris;
• skid or tire marks;
• roadway;
• traffic signals;
• weather conditions; and
• surrounding businesses or cameras.

The name printed on the tractor may not be the only company involved.

A trailer could belong to another business, and the driver could work for a different motor carrier.

Those details can become important later.

4. Get Witness Information

If someone saw the crash, obtain their name and contact information when possible.

Independent witnesses can be especially valuable when the truck driver and injured motorist give different versions of what happened.

A witness might have seen the truck speeding, drifting between lanes, following too closely, running a traffic signal, or making an unsafe lane change.

5. Be Careful When the Trucking Company or Insurer Calls

Commercial carriers and their insurers may begin investigating quickly.

An insurance adjuster may request a recorded statement, medical authorization, or other documents.

Remember that the trucking company’s insurer represents its insured’s interests.

Before providing broad authorizations or signing settlement documents, make sure you understand what you are agreeing to.

A quick settlement can be particularly concerning when doctors have not yet determined whether you will need surgery, additional treatment, or long-term care.

6. Preserve Evidence Quickly

One major difference between an 18-wheeler case and an ordinary car accident is the amount of evidence that may exist.

Depending on the truck and companies involved, relevant evidence could include:

• electronic control module data;
• event data;
• electronic logging device records;
• GPS information;
• dashcam footage;
• driver-facing camera footage;
• dispatch communications;
• driver qualification records;
• inspection reports;
• maintenance records;
• repair history;
• driver logs;
• bills of lading;
• cargo records;
• cellphone records; and
• company safety records.

Some electronic information can be overwritten or lost in the ordinary course of business.

That is one reason early investigation can matter.

7. Determine Why the Wreck Happened

The immediate cause might appear obvious, but a complete investigation may reveal more.

Potential causes include:

• speeding;
• distracted driving;
• driver fatigue;
• unsafe lane changes;
• following too closely;
• running a red light;
• failure to yield;
• inadequate training;
• poor truck maintenance;
• brake problems;
• tire failures;
• overloaded cargo; or
• improperly secured cargo.

The driver’s conduct may be only one part of the story.

For example, if a trucking company placed an unsafe truck on the road despite known brake problems, maintenance issues may become important.

8. Identify Every Potentially Responsible Party

Depending on the facts, an investigation may consider the:

• truck driver;
• trucking company;
• motor carrier;
• employer;
• tractor owner;
• trailer owner;
• cargo loader;
• maintenance company;
• repair facility; or
• another business involved in the transportation operation.

Not every party will be responsible in every wreck.

The purpose of the investigation is to determine who actually contributed to the collision.

9. Investigate Available Insurance

Commercial truck insurance can be different from ordinary personal auto insurance.

Federal financial-responsibility rules require certain interstate motor carriers to maintain minimum levels of public-liability coverage. For example, certain for-hire interstate property carriers operating vehicles of 10,001 pounds or more and transporting nonhazardous property are subject to a $750,000 federal minimum. Different requirements can apply depending on the carrier and cargo.

But a federal minimum does not tell you how much insurance is actually available in a particular wreck.

A trucking business may have primary coverage, excess coverage, umbrella coverage, self-insurance arrangements, or other potentially relevant policies.

When several companies are potentially responsible, there may also be separate policies associated with different defendants.

Coverage must therefore be investigated case by case.

10. Document the Full Effect of Your Injuries

An injury claim is not simply a stack of medical bills.

Serious injuries may affect your ability to work, care for your family, participate in activities, and live independently.

Keep records of:

• medical treatment;
• prescriptions;
• physical therapy;
• surgeries;
• medical equipment;
• missed work;
• lost wages;
• work restrictions; and
• other accident-related expenses.

For permanent or catastrophic injuries, future medical care and future earning ability may also require evaluation.

How Long Do You Have to Act in Louisiana?

Louisiana deadlines can affect injury claims. Under the current version of Louisiana Civil Code article 3493.1, delictual actions generally have a two-year prescriptive period beginning on the day the injury or damage is sustained.

However, determining the correct deadline can depend on the accident date and circumstances. Do not wait until a deadline is approaching to investigate a serious truck wreck.

Evidence may disappear much sooner than a legal deadline expires.

Talk With Jacqueline Scott & Associates About a Louisiana 18-Wheeler Wreck

If you were injured because an 18-wheeler driver or trucking company caused a Louisiana wreck, Jacqueline Scott & Associates can investigate the people, businesses, evidence, and insurance connected to the collision.

A serious truck case deserves more than simply exchanging insurance information with the driver.

The investigation may need to determine who owned the tractor, who owned the trailer, who employed or controlled the driver, what electronic evidence exists, whether safety rules were followed, and what insurance may apply.

Injury Lawyer. Make ’Em Pay.

Call Jacqueline Scott & Associates at (318) 746-5997 to discuss your situation.

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 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.