A semi truck’s enormous size, weight, and cargo make it deadlier in collisions than passenger cars. Even though most truckers take extra precautions to ensure safe driving in Forest Hill, LA, accidents can still happen.
Unfortunately, accidents can cost a lot in auto repairs and medical bills. Some people even lose their lives. However, you can seek compensation for your losses, and a Forest Hill truck accident lawyer from Laborde Earles Injury Lawyers can help.
Proving the Forest Hill Truck Accident
When filing for a settlement with the Forest Hill trucker, you must prove that:
- Their actions led to the accident
- You suffered injuries and vehicular or other property damages due to the crash
- You have expenses resulting from your injury and property damages.
A Rapides Parish truck accident lawyer can help you gather evidence of the trucking accident and the damages you suffered from it. These include photos of the damage, camera video footage, crash reports, medical records, and eyewitness testimony.
However, it is always possible that someone else besides the trucker caused the accident, such as a distracted or drunk motorist. The truck accident lawyer can help check further if other parties are at fault, as this can affect how you file for damages.
Shared Liability Can Reduce a Recoverable Settlement
According to Louisiana Civil Code Section 5:2323, you might not be able to recover the full truck accident settlement if you are partly at fault for your injuries. The percentage deducted from your damages will depend on how liable you are for the crash.
For instance, evidence could reveal you were speeding at the time. The opposing side could argue the collision would not have impacted you as much if you had been driving within the area’s speed limit. As a result, you become 30 percent liable, which means you can only recover 70 percent of the settlement.
You might want to have your Forest Hill truck accident attorney review everything before filing to see if your evidence and statements can effectively back up your side of the case and minimize the fault placed on you.
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Liability Insurance Requirements for Forest Hill Truckers
Forest Hill truck accident victims can first file a liability claim with the at-fault truck owner. The Federal Motor Carrier Safety Administration (FMCSA) and Louisiana Revised Statutes Section 32 §1503 require truck owners to carry liability insurance. If the driver causes an accident out of ordinary negligence, such as going slightly over the speed limit, the coverage can shoulder the victim’s damages, such as:
- Hospital bills and other relevant medical expenses
- Lost wages or business income
- Funeral and burial costs (if a family member dies in the truck accident)
- Auto repairs
- Disfigurements and disabilities
- Emotional trauma
- Chronic pain
- Loss of consortium
However, there are instances where the driver’s liability will pay for the accident, not their employer’s. For example, the driver could have used the truck for a personal errand. As the accident happened outside the driver’s scope of work, the truck owner will likely not cover it.
Whatever the case, your Forest Hill truck accident attorney can help file the claim with the liability insurance provider. If you find the claims adjuster’s offer unacceptable, the lawyer can also help negotiate for a fairer settlement.
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Can You File a Truck Accident Lawsuit Instead?
Yes, there are also instances where the Forest Hill truck accident attorney may advise a lawsuit instead of a liability claim after reviewing the situation. One such example will be if gross negligence is at play. For example, the driver might have committed a DUI, which is against state laws and federal motor carrier regulations. Insurance companies are unlikely to cover claims resulting from intentional or grossly negligent actions, so your next option would be to sue the driver.
Another scenario is if the driver’s coverage is insufficient to pay for the full settlement value. With a lawsuit, you could receive an amount beyond the at-fault party’s policy limits, as the civil court will decide your recovery, not a claims adjuster.
The Forest Hill truck accident attorney can represent you throughout the court proceedings and counsel you on how to conduct yourself.
Settling Through Arbitration
Filing a trucking accident lawsuit also opens the door to an out-of-court settlement through arbitration. You and the opposing party can negotiate while being mediated by a neutral party.
Truck owners, drivers, or other liable parties might propose this option if they do not want to deal with going to court. If you decide to try and settle the dispute through this method, the Forest Hill truck accident attorney can still speak and present the case on your behalf.
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Following Your Truck Accident Filing Deadlines
A Forest Hill truck accident attorney studies the laws relevant to the accident, including the statute of limitations. This statute sets your time limit for filing the truck accident action.
It is best to start building your case sooner than later, as the court automatically rejects late submissions, preventing you from recovering damages.
The accident lawyer can monitor your progress to see if you are on schedule and other tasks still need to be done. We can assist you with them so you can finish faster.
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Our Lawyers Are Ready to Help
Trucking accidents can result in significant property damage and casualties. However, the law lets you pursue compensation from those responsible. If you want to take legal action against the liable Forest Hill trucker, Laborde Earles Injury Lawyers is ready to help. Our attorneys have over a century of combined experience in Louisiana injury law and have settled trucking collisions like yours in past years.
For a free consultation session with a team member, call our 24/7 support team. You may also send us the accident details through this website. We will review the case and contact you shortly after.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
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