Smaller vehicles are no match for large trucks in a collision, and the damage that results is often major. However, if you or a family member was hurt or someone died in a truck accident in Louisiana, there may be compensation for your losses through either the trucking company’s insurance or through a personal injury lawsuit.
To begin pursuing a settlement, it makes sense to consult a personal injury lawyer before talking to insurance adjusters. Laborde Earles Injury Lawyers will examine the details of your accident, negotiate with insurance companies on your behalf, and take care of all the legal details to make sure everything is done correctly to get you the benefits you deserve.
We can discuss your situation in a free consultation, so contact us by calling (337) 777-7777 today to review the details of your case.
Damages A Cade Truck Accident Lawyer Can Recover
After a crash with a truck, drivers and passengers in small vehicles are vulnerable to a variety of injuries. Damage could be permanent and even lead to paralysis or death. The rehabilitation period and the need for care could last indefinitely, and costs can keep adding up.
You may be able to seek compensation for both economic (monetary) losses and non-economic damages, intangible losses for which dollar values cannot be calculated. Damages of this kind may include:
- Emotional and mental anguish
- Loss of ability to enjoy life
- Loss of consortium
- Disfigurement
- Current, past, and projected future wages
- Loss of future earning capacity if the injury keeps you from returning to work
- Damage to personal property and vehicle(s)
- Current and projected future medical and rehabilitative expenses
- Funeral expenses
In addition, Louisiana Civil Code Art. 2315.4 allows punitive damages to punish extreme misbehavior, recklessness, or willful negligence, such as if the truck driver drove under the influence of drugs or alcohol, or if a trucking company pressured its drivers to violate federal guidelines. Also, if a death occurred, surviving immediate family members may be able to file a wrongful death lawsuit and collect damages.
Contact a Cade truck accident attorney at Laborde Earles Injury Lawyers at (337) 777-7777 to explore what damages you may be able to recover based on your individual situation.
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Dealing with Insurance Companies
Insurance companies are not working for you—they are out to make a profit and get you to accept the lowest settlement possible. The at-fault party’s insurance company may contact you soon after the accident while you are vulnerable and make an offer to settle your claim quickly. The initial offer you receive may be for an amount less than your case is worth, and accepting it may prevent you from being able to pursue the full compensation to which you may be entitled.
Injuries from accidents may take time to manifest, and it is difficult to determine just how extensive injuries may be and how much care you may need in the future, so you should not be quick to accept the first offer, even if it seems reasonable. Medical costs and expenses can add up quickly to an amount larger than the settlement.
You should also not answer questions from or make statements to the adjustor that could be used against you. It is better to speak to a Cade truck accident lawyer before you speak to an insurance company, and let the lawyer handle all negotiations. Once you have an attorney, the insurance company must legally speak to them instead of you.
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How We Prove Liability
Proving liability can be complicated in truck accidents because there may be multiple parties that you may be able to hold liable, including:
- The trucking company or truck owner, who may have pressured the driver to work more than regulated hours or failed to properly train the driver.
- The repair or maintenance company or personnel that did not maintain the vehicle properly.
- The driver, who may have driven while fatigued or impaired or might have been speeding or driving aggressively.
- The truck’s manufacturer or manufacturer of its parts, which might have been defective.
- The cargo company, which may have improperly loaded freight on the truck.
- The road maintenance company or municipality that left the road in an unsafe condition.
The trucking industry is governed by state and federal safety regulations. The Federal Motor Carrier Safety Administration’s Regulations (Title 49, Parts 350-399) govern vehicles engaged in interstate traffic, and the FMCSA also has rules pertaining to:
- Driver’s license standards
- Safety and fitness procedures
- Financial responsibility for motor carriers
- Maximum hours truckers can drive
- Inspection, repair, and maintenance requirements
Any responsible party that violated these laws and safety standards may be liable for the crash and damages that result.
Our attorneys may examine the crash scene, interview witnesses, and go through records such as police reports, trucking logs, company training and repair records, and driver safety history, to prove that:
- The liable party or parties owed you a duty of reasonable care.
- The party breached this duty of care through negligent behavior.
- This breach or failure caused the accident.
- You suffered injuries and damages as a result.
In addition, Louisiana Civil Code Art. 2323 may come into play. If you were partially at fault for causing the accident, the settlement you are awarded will be reduced by the percentage you are found to be at fault. You may still collect the percentage of the settlement for which the other parties were at fault. For example, if you are found to be 10 percent at fault, you could still collect 90 percent of the award.
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Contact A Cade Truck Accident Lawyer
If you or a loved one was injured in a truck accident, the Cade truck accident lawyers at Laborde Earles Injury Lawyers can help you pursue compensation.
Be aware that under Louisiana Civil Code Art. 3492, there is a time limit of one year from the date of the accident for filing a personal injury lawsuit. So do not delay. Call Laborde Earles Injury Lawyers today at (337) 777-7777 for your free consultation.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
24 hours a day • 7 days a week
