Truck accidents can result in tragic injuries for the drivers and occupants of passenger vehicles, pedestrians, and other innocent bystanders. Due to trucks’ large size and weight, other motor vehicle passengers tend to be at a huge disadvantage in terms of potential damages resulting from a crash.
If you or a loved one suffers injuries in a truck accident due to a truck driver’s negligence, you may be entitled to recover damages for your personal injuries that a skilled attorney could help you pursue. An Alexandria truck accident lawyer could work with you to pursue compensation from those who may bear responsibility for your injuries
Establishing Negligence in Truck Accident Cases
All too often, catastrophic trucking accidents are caused by the negligence of truck drivers. Common situations that lead to truck accidents include inexperienced drivers, fatigue due to working hours violations, distracted driving, or traffic violations such as speeding, following too closely, and making improper turns.
In the case of commercial trucks, improperly securing cargo or overloading trailers also can constitute negligence if they lead to an injurious accident. Whatever the case may be, victims who sustain injuries because of these accidents may be able to pursue claims for compensation based on truckers’ negligence.
For a free legal consultation with a truck accident lawyer serving Alexandria, call (318) 777-7777
Potentially Recoverable Damages in Truck Accident Cases
Under Louisiana law, trucking accident damages may be either economic or non-economic in nature.
Economic damages may include:
- Injury-related medical expenses, rehabilitation costs, and surgical bills
- Lost wages—both current and future—and property damages to any vehicles
- Other out-of-pocket expenses
Non-economic damages, although more difficult to quantify financially, also may be available. These may include:
- Emotional distress
- Psychological harm
- Loss of marital benefits for injury victims’ spouses
- The effects of permanent scarring and disfigurement
A lawyer from our firm who handles truck accidents in Alexandria can help individuals recover damages for their injuries.
Alexandria Truck Accident Lawyer Near Me (318) 777-7777
Preserving Evidence of Negligence
Evidence of negligence is crucial to any personal injury claim, and a prompt phone call to a truck accident attorney in Alexandria could be a key step for injury victims to take in terms of preserving essential evidence. Some evidence that an experienced trucking accident lawyer may be able to help obtain include:
- Documentation of the accident scene, including written reports and photographs
- Interviews with witnesses to the accident
- Trucking company safety, maintenance, and repair records
- Drug and alcohol screening results for the truck driver
- Cell phone records, truck driver logs, and time records
- Federal Motor Carrier Safety Regulations compliance records
Given the complexity of many truck accident claims, as well as the limited one-year timeframe for filing such claims, individuals may benefit from contacting our lawyer, who handles trucking accident cases in Alexandria, sooner rather than later.
Statute of Limitations for Truck Accident Cases in Alexandria
As mentioned above, it is important to keep in mind that you have a limited amount of time to file a personal injury claim in Louisiana. Per CC §3492, you have one year from the date of the accident or injury to file your case in civil court. If you miss that window, a judge will dismiss your case, and you will lose your opportunity to seek compensation.
If you lost a loved one in the trucking accident, you and your family have our deepest condolences. You may be able to recover compensation for the decedent’s medical care up until their death, as well as funeral and burial costs, and more. There is also a one-year statutory limit for filing a wrongful death action in Louisiana, per CC §2315.2.
Call us today to discuss the details of your case with a team member to determine if your case is applicable for a wrongful death action.
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Liability in Alexandria Trucking Accident Cases
Particularly when motor vehicle accidents involve a commercial semi-truck, there are a variety of potential defendants or individuals who may be liable for any resulting injuries.
Aside from the truck driver who may have acted negligently in causing the accident, parties such as the trucking company who employs the driver, the owner of the truck, the lessor of the truck or trailer, and the company that performed repairs to the truck all may be liable for injuries stemming from a trucking accident.
In a situation like this, it typically falls to a qualified truck accident lawyer in Alexandria to investigate and assess all potential sources of liability.
What Happens When There are Multiple Defendants in a Case?
Truck accident cases may have more than one defendant, and it is common for multiple parties to be found liable. Those who could be held responsible in a truck crash lawsuit include:
- The truck driver
- Other drivers on the road
- The owner of the truck
- Employees who loaded the truck
- The trucking company that employed the driver
- The manufacturers of the truck or its parts
- The government or private entity responsible for road maintenance and safety
If the jury finds more than one defendant at fault, they would assign a percentage of liability to each defendant as per CC §2324. Each defendant would then be responsible for paying the plaintiff their portion of damages based on their percentage of fault.
Additionally, if the jury determines that the plaintiff shares some of the liability, their award would be reduced by their percentage of fault. Insurance companies may try to shift blame onto the plaintiff to save money, but our truck accident attorney who handles cases in Alexandria could help refute these arguments.
Negligence in Truck Accidents
Truck drivers are expected to drive their trucks safely and in a manner consistent with other reasonable truck drivers. When they fail to do this, they could be considered negligent.
Proving a legal duty of care is usually the first step to filing a successful civil lawsuit, but it is not the only requirement. In addition to possessing and subsequently breaching their duty to drive as a reasonable driver would, defendants must meet a few other conditions to be liable for damages.
Critically, the plaintiff’s attorney must prove to the jury that the defendant’s breach of duty was the proximate cause of the plaintiff’s injuries. Evidence used to prove this element of legal negligence may include medical bills, witness and medical expert testimony, and accident reports. In addition, the plaintiff must have compensable damages for a lawsuit to have merit. If injuries suffered by the plaintiff led to financial, physical, or emotional losses, a valid claim may exist.
Work with an Attorney from Laborde Earles Injury Lawyers Today
For help determining the potential liability of others involved in the accident, an Alexandria truck accident lawyer from our firm may be your best option. Call (318) 777-7777 today to schedule a consultation and get started on your case.