When Size Advantage (on the Road) Becomes a Legal Risk

A bigger vehicle means added weight and protection, so how can that be anything but an advantage? If everything goes right, size really is an advantage, but when things go wrong?

It becomes the first thing everyone notices.

After a crash, you get a storm of questions coming your way.

How heavy was the vehicle? How long would it take to stop? What could the driver see from that height? These aren’t emotional questions, but rather logical. Even though these types of questions might feel as if the intent behind them is to make you look bad, the real reason for asking them isn’t to blame you; it’s just simple math and, of course, some common assumptions with the goal of figuring out what exactly went on.

A heavier vehicle equals more force, and if someone was seriously injured, details like height/weight become very important.

Why Bigger Vehicles are Looked at Differently

Discrimination against bigger vehicles? Hardly.

If someone ends up seriously hurt, the focus changes fast. Investigators and insurers get tough, even if no one meant for the crash to happen. When a larger vehicle is involved in the crash, there’s a greater chance of serious injuries happening, which naturally puts more attention on the person driving the heavier vehicle.

Visibility is also a factor. If you sit higher, you can see farther down the road, but you also have blind spots. Cyclists and smaller vehicles can actually disappear near the front end or along the sides.

These are well-known limits, though, so those driving bigger vehicles are expected to adjust for them.

The Legal Stuff That Comes After the Crash

Whenever a traffic accident happens that involves a truck, the following happens: police, ambulance (if needed), witnesses, police reports, statements, reviewing photos, forming early conclusions, etc.

The size of the vehicle is a significant part of this picture.

When you have one vehicle that’s much larger than the other, and there’s somebody seriously hurt, attention naturally goes to that larger vehicle. That’s not because the driver wanted to hurt someone or cause damage, but because people started asking who had more control and, more importantly, more ability to avoid serious consequences.

And the heavier the vehicle, the harder those questions land.

Another important factor is where the accident happened (in which jurisdiction).

Here’s a quick example of how different locations can change the entire outcome:

If the accident happened in Charlottesville, Virginia, the contributory negligence rule can shut the whole thing down if the person is even slightly at fault.

Then there are states like Illinois, where fault is split. So, if the accident happened in Peoria (Illinois law), a bicycle accident lawyer in Peoria (or a truck accident lawyer, depending on the driver/rider) would tell you that you still might be compensated if you’re 50% or less at fault.

Situations Where Size Works Against You

For the most part, driving a bigger vehicle feels steady and predictable until it isn’t.

Turns That Go Wrong

Wide turns are one of the most problematic spots because a bigger vehicle needs more room to turn, and the rear end doesn’t always follow the same path as the front. When you’re turning close to an intersection, cyclists often ride close to the curb or edge of the lane, exactly where curb tracking happens.

If timing is off by even a second, the margin for error is literally non-existent.

Wide turns are expected with larger vehicles, so people usually assume the driver was (or should have been) extra careful.

Passing

Truck drivers are experienced enough to know what can be done and what can’t. If the road is too narrow/tight, it’s best not to pass another vehicle, regardless of how slow it might be. It’s just too dangerous.

With that being said, some truck drivers still opt for these highly dangerous maneuvers.

Why? Hard to tell.

Some feel overconfident, some are in a rush, and others do it for the pure fun of it. Perhaps there are those who are frustrated or are just aggressive drivers.

The reason really doesn’t matter.

The thing is that if something bad happens, it’s the OTHER driver that’s going to suffer. Either the car that’s coming your way, or the car on your side. It’s a lose-lose situation for everyone around you.

Even if you’re just trying to pass someone on a bike, who rides much slower than a car would, you might think, “I can make it.” These words are often epilogues leading into tragedies.

Narrow/tight road and you’re driving a truck? Don’t pass.

Minor Hit = Major Consequence

If weight is a factor, there are no small contacts.

A light bump at low speed can still seriously injure someone on a bike, which is surprising to a lot of drivers. The speed may have been low, but the force sure wasn’t.

Conclusion

Yeah, why shouldn’t you feel like you own the road if you’re in a big ol’ truck? You’re far more protected than you would be in a car.

But the fact that you feel all safe, confident, and mighty doesn’t mean that the road has stopped keeping score.

That same size that keeps you confident is also the reason why a simple accident can turn into a tragedy. That massive tonnage determines how (and how much) damage is dealt.

But more than anything else, that same size will also determine how everyone involved will look at the responsibility.

So, while you’re safe when you’re driving a large vehicle, you also have to be extra careful/responsible on the road, so that everyone around is safe as well.