Sharing the road with a truck is nerve-wracking for most people, and for good reason. Trucks are massive compared to other vehicles, take longer to come to a halt, and can easily tip over if the cargo shifts. Taking these factors into account, truck accidents can leave victims with severe injuries or lead to death in the worst case.
After a truck accident, the trucking company’s insurance company may quickly give you an offer. Do not accept this first settlement offer. It is usually an attempt to provide you with a low settlement amount. Instead, you can work with a Baton Rouge truck accident lawyer from Laborde Earles Injury Lawyers involved in the claims process. They will work to get you the maximum claim amount, ensuring you get justice. You can learn more about your options during a free consultation today.
How Our Baton Rouge Big Rig Attorneys Can Help Your Truck Accident Case
The legal team at Laborde Earles Injury Lawyers puts 100-plus combined years of personal injury legal experience to work every day for our clients. We protect their rights and look out for the first while seeking financial recovery after life-changing accidents with commercial 18-wheelers on Louisiana’s roads.
When you work with our truck accident attorney in Baton Rouge, LA, they will:
- Investigate your truck accident case to determine what happened in Baton Rouge
- Gather evidence to support your account of the accident, such as your medical records, rehabilitation schedule, witness accounts, police reports, photos, and video footage, if available
- List all liable parties in the accident, proving how they are responsible for your accident and injuries
- Interview expert witnesses who can offer professional insight that explains the extent of your injuries and the accident’s impact on your life
- Negotiate with the liable party’s insurer for a favorable settlement.
- Handle all case communications for you
- Prepare and file your lawsuit on time and by Louisiana’s statute of limitations deadline
- Fight for your recovery at trial if we cannot settle with the insurer
- Always offer responsive legal care, answering your questions and making sure you understand your case
- Update you regularly about your case’s status
Our Baton Rouge truck wreck lawyers will take care of your entire case. You can focus on your recovery while we take care of everything else.
We Have Recovered Millions for Injured Big Rig Accident Victims in Louisiana
Consider these recent case results that we believe show we are serious about our clients’ recoveries:
- A $7 million judgment for a driver of an 18-wheeler driver who was hurt in a collision
- A $2.7 million settlement for an 18-wheeler accident victim
- A $1.8 million settlement for an 18-wheeler accident victim
- A $1.75 million trial verdict for a client who suffered 18-wheeler crash injuries
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Our Baton Rouge Truck 18-Wheeler Accident Lawyers Can Take Your Case for No Upfront Fees
After a truck accident, you may have ever-increasing hospital bills and other accident-related expenses. Thus, you may not want to spend more money on hiring a lawyer. Our contingency fee payment structure helps solve this problem. Our lawyers get paid only when you receive a settlement or verdict from your truck accident lawsuit.
Your attorney will take an agreed-upon percentage of the settlement or court award as payment for their services. A contingency fee arrangement keeps you from experiencing even more financial problems after an accident. It also gives your lawyer more drive to work on your case to make sure there is a successful outcome. Once you reach out to our Baton Rouge truck wreck lawyer, be sure to ask about our contingency fee structure.
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Recoverable Damages in a Baton Rouge Truck Accident
Each truck accident case is unique. Therefore, the damages you can claim are unique to your case. You may obtain economic (financial) or non-economic (non-financial) damages.
Economic Damages
It is easier to calculate economic damages since they have an attached monetary value. Our truck accident lawyers will estimate the claim amount for economic damages by totaling your expenses for medical treatment, ongoing rehabilitation care, lost income, lost or reduced earning ability, and property repair costs.
These economic damages will also be adjusted for future expected costs.
Non-Economic Damages
Non-economic damages are subjective and totaling them is a task we will handle for you. These damages include pain and suffering, disfigurement, loss of support if a family member dies, and emotional anguish.
Your Baton Rouge truck accident attorney will help you establish the value of your economic and non-economic losses while adjusting for future losses
Wrongful Death Damages
Losing a loved one after a truck accident is often emotionally hard on the family, and it can even be financially hard as well. Our truck accident lawyer in Baton Rouge, LA, would be honored to serve your family and seek compensation for your loved one.
Recoverable wrongful death damages include:
- Funeral and burial costs
- The decedent’s medical expenses
- The decedent’s lost household income
We can advise you on how wrongful actions work in Louisiana during a free consultation.
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You Have a Limited Time to Sue for Damages in a Baton Rouge Truck Accident
We encourage you to reach out to our truck accident attorneys for help with a Baton Rouge collision as soon as you can. When it comes to taking legal action, the accident is on a timer the moment it happens. You risk losing your opportunity to recover damages if you miss your case’s deadline.
Louisiana limits the time injured parties have to sue for damages. Under CC Art. 3492, they must file legal action within one year of the accident date. Parties suing for wrongful death also have one year from the date of the victim’s death to pursue a lawsuit against the at-fault party, as CC Art. 2315.2 notes.
When we work on your truck accident case, these deadlines and timelines become our concerns, not yours. We will file your case on time and keep you updated on any developments that occur.
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Who Can Be Held Liable in a Baton Rouge Truck Accident?
When you work with our truck accident lawyers serving Baton Rouge, they will help you establish fault for the truck crash.
Big rig accidents that occur in Louisiana are not always the truck driver’s fault. Other parties can be responsible for a crash, even those not at the scene when it occurs. Other liable parties can be:
- The truck driver’s employer
- The company that owns or leases the truck
- The truck’s manufacturer
- A truck parts manufacturer
- A cargo-loading crew
- The truck’s maintenance crew
- The governmental agency tasked with road maintenance
- Another driver, bicyclist, motorcyclist, or pedestrian
Proving Negligence in a Baton Rouge Big Rig Accident Case
To obtain compensation as a victim of a truck accident, you must prove the truck driver demonstrated negligence in their actions. In other words, you must show that the truck driver’s actions were reckless, thereby resulting in the crash. Examples of negligent actions include speeding, driving while drunk, distracted driving, and carelessly shifting lanes.
When establishing negligence, your attorney must prove several elements of negligence are present in your case.
- First, you have to prove the negligent party had a duty of care to act reasonably to keep you safe while on the road A duty of care means that the defendant was responsible for taking specific steps to avoid causing possible foreseeable harm to others.
- You also must show the defendant did not honor their duty of care by acting or failing to act in a particular way.
- Next, you must demonstrate that the defendant’s actions or inactions directly caused the physical harm you incurred (e.g., physical injuries, more)
- Finally, you must prove you suffered damages from your injuries. Our truck accident attorneys in Baton Rouge, LA, can help you prove negligence in your truck accident case.
Filing a Claim for Damages Against the Liable Party
Our attorney can help determine who to file your claim against to recover damages, per CC Art. 2323. They usually do this by looking at the facts of the crash and seeking expert opinions.
We will also take up the task of negotiating with the at-fault party’s insurance company. Finally, if you cannot reach a settlement, your lawyer will represent you in court.
Your lawyer will inform you of challenges that may arise and clearly explain your options. In doing so, they ensure you maintain control of your case and that you make well-informed choices.
Evidence That Can Prove Negligence in a Baton Rouge 18-Wheeler Crash
Evidence is a big part of making a case for the compensation you deserve. A lawyer has the resources to collect evidence to support your truck accident claim. In addition, your lawyer may collect some of the evidence for your case, including data recorders, video evidence, and logbook details. Our Baton Rouge truck accident lawyer could review the trucker’s logbook to see if they violated any of the Federal Motor Carrier Safety Administration (FMCSA)’s hours-of-service (HOS) regulations. These regulations specify how long commercial truck drivers can drive without taking mandatory breaks. Per the FMCSA, all commercial motor vehicle (CMV) drivers must comply with HOS regulations.
Logbook details will shine a light on the driver’s hours spent on the road and inspection details before the crash.
DUI Tests
Our truck accident attorneys may also obtain tests to show if the driver was driving while under the influence (DUI) of alcohol or drugs (or both). Witness statements and a copy of the police accident report are also part of the proof. In addition, most trucks have data recorders that will show the truck driver’s handling of the vehicle. For example, the recorder can show the truck’s speed before the accident.
Other Evidence to Prove How the Baton Rouge Big Rig Crash Occurred
Video evidence could come from the cameras fitted in the truck if it had them installed. Traffic cameras can also capture footage of a crash.
Witness statements will also help determine the facts of the case. Finally, the police report will show the essential information about the accident.
What to Do After a Big Rig Crash in Baton Rouge
Accidents are jarring and often cause panic and confusion. If you have been in an accident with an 18-wheeler in Baton Rouge or another large vehicle, it is important you are safe. If you can, get to a safe area out of harm’s way. Check yourself and others for injuries and call 911 for emergency help and police assistance.
Get a medical exam either at the accident scene or in the emergency room at the hospital. Even if you feel you did not suffer serious or noticeable injuries, get checked out anyway. Not all injuries are visible right away. They can, however, appear later and become bigger problems as time passes.
Other things to do at the scene:
- Talk to other parties involved and get important information from them, such as their name, driver’s license number, vehicle insurance information, employer name and contact information, and license plate information.
- Do not talk about the accident with others; keep the conversation focused on the accident and do not discuss fault or sign any paperwork without speaking to an attorney first
- Note details about the vehicles involved and document the following about them: the truck’s make, model, and year; you can also note the kind of cargo on the truck
- Take pictures or video footage of the accident scene.
- You can document how your accident happened while your memory is fresh; include details about what happened before and
- Call a personal injury attorney in your area. Our Baton Rouge truck wreck attorneys are here to help. You can seek legal guidance before talking to an insurance adjuster or considering a settlement offer from them.
Working with an injury lawyer can be helpful since they know state and federal laws and regulations. In addition, they know what to watch out for, how to solve challenges, and when to file an injury lawsuit if they cannot settle your case with an award from an insurance company.
Call Our Baton Rouge Truck Accident Attorney for Help Today
Truck accident cases can be challenging to navigate, and recovering compensation is not always an easy process to pursue. Our truck accident lawyer in Baton Rouge is ready to help you and your family hold the liable parties accountable and get the financial recovery that can help you pay your medical bills, replace the income you lost, and compensate you for the pain and suffering you endured since the accident.
Call today for legal assistance from a truck accident lawyer serving Baton Rouge from Laborde Earles Injury Lawyers today. Your initial consultation is free, and if we work on your case, you won’t owe us anything unless we recover compensation for you.
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