In a wide right turn crash, the truck driver is often at fault. Maryland law requires a right turn to be made as close as practicable to the right-hand curb or edge of the road (Maryland Transportation Article § 21-601), and a driver may not turn unless the turn can be made with reasonable safety and after an appropriate signal (§ 21-604). A tractor-trailer may need extra room to turn, but taking that room across a car beside it is not safe.
The other side of the argument is the car. A driver who moves up on the right of a truck that is already signaling and swinging out may be blamed for putting the car in the gap. In Maryland, under contributory negligence, that can bar the claim outright, so the details of who was where, and when, decide these cases.
For how truck claims are investigated and who can be held responsible, see Maryland truck accident claims.
Why trucks swing wide to turn right
A long trailer does not follow the path of the cab. In a turn, the rear wheels cut inside the path the front wheels took, which is called off-tracking. To keep the trailer from riding over the curb, a sign post or a pedestrian on the corner, the driver swings out before turning.
There are two ways to do it, and both create a gap on the right:
- Swinging left first, into the lane to the left or partly into it, then turning right. A car in the right lane sees open space and moves into it.
- Turning wide into the far lanes of the cross street, which can put the trailer across traffic there.
The crash that follows is often called a squeeze play: the trailer closes on the car in the gap, pushing it into the curb or pulling it under the trailer.
What the truck driver must do
- Signal the turn early enough to warn traffic behind and beside the truck
- Check the right-side mirrors throughout the turn, not just before it
- Keep the swing as small as the turn allows
- Stop the turn if a vehicle, cyclist or pedestrian is in the path
A “this truck makes wide right turns” sticker on the back of a trailer is a warning. It does not give the driver permission to turn into a car that is already there.
Where the driver was working, the carrier can be responsible for its driver’s conduct in the course of employment, and separately for its own failures in hiring, training, supervision and enforcement of hours rules.
When the car’s position becomes the argument
Maryland limits when a driver may pass on the right, and a driver who does so must do it safely. The truck’s insurer will argue the car:
- Pulled up on the right after the truck had started signaling and swinging out
- Ignored the turn signal and the warning on the trailer
- Tried to beat the truck through the intersection
Timing is everything. A car that was already in its lane, stopped at the light, when the truck pulled alongside and turned is in a very different position from a car that squeezed into the gap after the swing began.
The rule has limited exceptions, such as the last clear chance doctrine. A truck driver who could see the car in the mirror and kept turning may still be responsible even if the car should not have been there.
Cyclists and pedestrians in the turn
Right-turning trucks are a serious danger to people on bikes and on foot. A cyclist riding along the right edge or in a bike lane can be caught by the trailer as it cuts inside, and a pedestrian on the corner can be struck by the rear wheels. See bicycle accident claims and pedestrian accident claims.
Evidence in a wide turn crash
The positions of the vehicles before the turn decide these cases, so video and electronic data matter more than usual. The evidence that should be preserved includes ELD data, engine control module data, dashcam footage, driver qualification files, post-crash testing records, maintenance records, dispatch and load documents, and weight tickets.
Federal rules require carriers to keep certain records, but only for set retention periods, and once a period expires, lawful destruction is routine. Intersection cameras and business video are also overwritten quickly. A preservation letter sent early is the practical answer to both.
Common questions
Is the truck driver always at fault in a wide right turn accident?
No. The truck driver is often at fault because the turn must be made safely, but the driver of the car can be blamed if they moved into the gap after the truck began its turn. In Maryland even a small share of blame on the car’s driver can bar the claim, so the sequence has to be proved.
Can a truck use two lanes to make a right turn?
A tractor-trailer sometimes cannot make a tight right turn from the right lane alone. Taking extra room is not automatically wrong, but the driver has to signal, check the mirrors and make sure the space is clear before using it.
I was stopped in the right lane when the truck turned into me. What should I do?
Photograph where both vehicles came to rest, get the carrier name and DOT number from the truck, and get any witness names. Evidence showing you were there before the truck began its turn is the key to the claim.
Attorney Advertising. Prior results do not guarantee a similar outcome. This article is general information about Maryland law, not legal advice about your situation.