Contact the team at Laborde Earles Injury Lawyers today to find out how our Coteau Holmes big rig accident lawyers can help you understand your legal options and fight for justice on your behalf.
Proving the Driver or Truck Company’s Liability
In some ways, proving fault in a big rig collision in Coteau Holmes works the same as a standard auto accident case. First, a big rig accident lawyer from our firm investigates if the driver acted negligently or purposefully. For example, the driver might have exceeded the speed limit, driven while distracted, or crashed into your car because of road rage.
However, big rig accident attorneys must know and understand motor carrier safety regulations as well, so they can investigate if the driver or big rig owner violated any rules. For example, the trucking company may have violated federal drug and alcohol testing rules if their implementation was too lax—leading to a DUI accident if their driver was intoxicated on the job.
Other ways that drivers and trucking companies could violate safety laws and cause injury accidents include:
- Securing cargo improperly
- Driving an overweight truck without a permit
- Disobeying mandatory resting periods
- Failing to inspect and service their big rigs regularly
Your Coteau Holmes big rig accident lawyer can thoroughly review the details of your accident to determine if your case against the driver, trucking company, or any other parties is valid.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientYou Can Still Pursue Justice if You’re Partly at Fault
If evidence shows that you are partly liable for the damages you suffered, you can still move forward with your case. However, your recoverable settlement will get deducted based on your fault percentage.
Suppose that you are found 30 percent at fault for not yielding to the big rig when you had ample space to do so. Meanwhile, the trucking company is still 70 percent liable for overloading and improperly securing the cargo, causing it to fall off the truck. Therefore, they only owe you 70 percent of your total damages.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientSeeking Compensation After Your Big Rig Collision
Big rig accident victims in Coteau Holmes typically settle with the at-fault party through a liability insurance claim or lawsuit. Both options allow you to recover economic damages such as:
- Hospital stays, surgeries, ongoing care, and other medical expenses
- Lost income if you missed work
- Lost earning potential if you cannot go back to the same position you once held
- Vehicle repair or replacement costs
You can also recover non-economic damages, including:
- Disability or disfigurement (if, for example, you lost a limb or are now permanently paralyzed)
- Emotional trauma
- Chronic pain
- Loss of enjoyment of life
As we build your claim or lawsuit, our Coteau Holmes big rig accident attorneys gather evidence to prove fault and liability, such as dashcam and surveillance camera footage, crash reports, and eyewitness statements. They also calculate your losses to come up with an estimated settlement value for your case.
Filing Liability Claims against Truckers in Coteau Holmes
Due to requirements set by the Federal Motor Carrier Safety Administration and Louisiana Revised Statutes Section 32:1503, big rig owners must have their trucks covered by liability insurance. When the rig is involved in an accident, victims can file a claim with the trucking company’s insurance provider to recover damages.
Keep in mind that owners will only cover big rig accidents if they happen within the scope of the driver’s job. If the big rig driver knowingly keeps working past their service hours, they must now rely on their personal auto insurance policy to cover them.
Your big rig accident lawyer will present your claim to the appropriate insurance provider. However, the insurance company is unlikely to take your side and will probably try to downplay their client’s actions. We’ll be ready to negotiate on your behalf, especially if they start with a lowball settlement offer.
When a Lawsuit Might Be Necessary
Most accident claims settle out of court. However, you could file a lawsuit if your claim against the driver, trucking company, or other liable party does not work favorably for you. Some reasons why your big rig accident attorney might suggest a lawsuit include:
- If the driver intentionally caused the big rig accident (liability insurance providers usually only accept negligence-based actions and will reject intentional tort claims)
- If the driver or big rig owner is uninsured or has insufficient coverage to compensate you
- If you cannot reach a fair agreement with the liability insurance provider.
Because Coteau Holmes is situated in St. Martin Parish, a St. Martin Parish civil court would preside over the lawsuit. A Coteau Holmes big rig accident lawyer from our firm can serve as your legal representative, argue your case in court, and counsel you until the lawsuit is resolved.
Time Limits for Filing a Big Rig Collision Case in Coteau Holmes
Big rig accident cases have the same filing deadlines in Coteau Holmes as they do in the rest of Louisiana. You generally only have one year from the date of the accident to file your case, per CC Art. 3492.
Filing on time is crucial to getting a settlement, as late submissions are automatically dismissed. Working with a Coteau Holmes big rig accident lawyer from our team can ensure that you meet all legal deadlines.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientOur Big Rig Accident Lawyers Are Ready to Help You
With over 350 years of combined legal experience, the team at Laborde Earles Injury Lawyers offers its guidance and support to big rig accident victims in Coteau Holmes and throughout Louisiana. We can represent you through every step of your case until you receive the compensation you deserve.
The sooner we can get started, the better. To learn more about your options and how a Coteau big rig accident lawyer from our firm can help you get justice, contact us today for a free consultation.
