Fortunately, you do not have to face this struggle alone. A Duson big rig accident lawyer from Laborde Earles Injury Lawyers can work with you to recover the compensation you deserve. During a free consultation, we can answer your questions, discuss the potentially liable parties in your case, and explain your legal options. Let us handle your legal matters, so you can focus on healing.
Recovering Your Damages After a Duson Big Rig Accident
Liability claims and lawsuits are the two main ways you can seek damages after sustaining injuries in a large truck collision in Duson. Our big rig accident lawyers can review your case and calculate your losses before guiding you on the best course of action.
Some types of damages you could recover after a big rig accident include:
- Medical expenses
- Lost income
- Lost earning potential
- Car repair or replacement
- Physical pain
- Emotional trauma
- Scarring and disfigurement
To estimate the value of your damages, our Duson big rig accident lawyers begin by compiling your expenses. Therefore, it’s best to keep track of all relevant bills and receipts as soon as they start coming in.
Liability Insurance Claims
Both the Federal Motor Carrier Safety Administration and Louisiana Revised Statutes Section 32:1503 require liability coverage for large commercial trucks operating in Louisiana. This coverage is supposed to reimburse victims for the expenses they accrue after an accident. You can file a liability claim directly with the truck owner’s insurer.
However, if the driver caused the accident outside of working hours, their personal auto insurance policy would apply—not their employer’s.
A Duson big rig accident lawyer can bring your claim to either insurance provider on your behalf. The insurance company will likely offer a settlement amount that’s far less than what you deserve. We’re fully prepared to negotiate for a fair settlement and file a lawsuit if they refuse to offer one.
Personal Injury Lawsuits
If the at-fault party’s insurance coverage is insufficient or a liability claim doesn’t produce the results you want, your Duson big rig accident attorney may advise you to file a personal injury lawsuit instead.
Most accident cases still settle out of court, even after a lawsuit is filed. But if we need to take your case before a judge and jury, our team will be ready to fight for you in court.
Keep in mind that you won’t be filing with an insurance company in a lawsuit. Instead, a civil court will review the details of your accident before deciding on your recoverable damages. While suits generally take longer to settle than claims, you could recover a higher settlement. The at-fault party’s insurance policy limits do not restrict the amount the court can award.
Private Settlements
The trucking company, driver, or other parties may also propose negotiating a settlement in private, especially if they do not want to deal with a lawsuit in court. A Duson big rig accident attorney from our firm can advise you throughout the settlement process and speak for you during these meetings.
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.
ClientPotential Liability Issues in Duson Big Rig Accidents
Besides disobeying traffic laws, big rig drivers and trucking companies can also violate motor carrier regulations designed to help prevent accidents. Due to the size and weight of big rigs, along with the cargo they transport, federal and state laws heavily regulate how trucking companies operate. Some of these regulations include:
- Drivers must take mandatory resting periods after a certain number of hours to reduce their exhaustion when working.
- Trucking companies must have big rigs inspected and serviced regularly to maintain their roadworthiness.
- Drivers are banned from consuming drugs or alcohol to minimize the risk of DUI accidents. Trucking companies must test drivers randomly or when they suspect intoxication.
- Trucking companies must secure their cargo to meet safety standards and avoid overloading big rigs unless they have special permits to operate overweight trucks.
The Duson big rig accident lawyers at our firm know the motor carrier regulations that could be relevant to your case and can investigate if any regulations were violated in your accident. Our attorneys can also gather other types of evidence to prove the at-fault party’s liability, including dashcam footage, witness statements, accident reports, and more.
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 | ClientOther Rules to Consider in Your Case
Comparative Fault Can Reduce Your Damages
Louisiana’s comparative negligence laws also apply to Duson truck collision cases. If you share some fault for the big rig accident, you may not recover your full settlement. The deducted amount depends on your fault percentage. For instance, if you are found 25 percent liable for driving too fast, the at-fault party would owe 75 percent of your total damages.
Complying with the Statute of Limitations
Like many other Louisiana personal injury cases, your Duson trucking accident case only has a one-year filing deadline (per CC Art. 3492). Failure to comply with this time limit leads to automatic dismissal, so we suggest starting now while there’s still ample time to build your case. Our big rig accident lawyers can keep you posted on your case’s progress, including filing all legal paperwork on time.
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 Attorneys Are Ready to Help With Your Case
If you’re looking for a Duson big rig accident lawyer to help you recover compensation, Laborde Earles Injury Lawyers is here for you. Our team can review your situation to see if you have a valid case on your hands, then work on building a strong legal strategy for you.
With over 350 years of combined legal experience, we are well-equipped to handle many practice areas of Louisiana injury law, including big rig accidents. To learn how we can help, contact us today for a free consultation.
