Truck accidents can have a tremendous impact on both truck operators and commuter car drivers and passengers. Unfortunately, since trucks are such large and often unwieldy machines, the injuries they cause in wrecks are often substantial. Being involved in a truck accident may cause injuries that take days, months, or years to fully heal, as well as a significant setback in your earnings if you are unable to work due to your injury.
If you were injured due to the negligent actions of a truck driver or company, you may be able to seek compensation for your injuries with a Lake Charles truck accident lawyer’s help. Consider speaking with a dedicated personal injury attorney to learn what your legal options are and how best to go about pursuing them.
How Truck Crashes Occur
Truck drivers have a duty to operate their vehicles in a safe manner. Likewise, trucking companies have a responsibility to ensure that truck drivers are properly trained and the parts on commercial trucks are in proper working order. When such a company fails to properly train their drivers and/or maintain their trucks, accidents may occur and lead to catastrophic results.
There are many factors that could contribute to a truck accident. Some of the following factors are commonly involved in accidents:
- Driving error
- Equipment failure
- Impairment due to drugs or alcohol
- Impairment due to a health condition
Any of these issues, as well as other factors such as road and weather conditions, could contribute to a truck driver’s failure to abide by the rules of the road. A Lake Charles truck accident lawyer could provide further assistance in identifying what specifically caused a wreck and what that might imply about another party’s civil liability.
For a free legal consultation with a truck accident lawyer serving Lake Charles, call (337) 777-7777
Ensuring Safety for Lake Charles Commercial and Cargo Trucks
Due to the massive weight and size of commercial trucks, truck drivers need to remain aware of their longer stopping distances, blind spots, and wide turns. Operating a commercial truck while impaired or exhausted is hazardous to others on the roadway.
Cargo loads could also be a factor in truck accidents. If cargo is not evenly distributed or properly secured, it could shift and cause a truck to roll over or jackknife. In addition to ensuring that commercial trucks have proper maintenance and repairs, employees of a trucking company should also ensure that the cargo load is distributed such that the likelihood of the truck folding in on itself or flipping during transit is reduced.
It is important to pinpoint what factors contributed to a trucking accident and who is liable for errors or omissions. A truck wreck lawyer in Lake Charles could assist accident victims in making these determinations based on accident reports from responding police officers and other sources of pertinent information.
Lake Charles Truck Accident Lawyer Near Me (337) 777-7777
Evidence Used to Prove a Lake Charles Truck Accident Case
When an attorney takes on a truck accident case, they understand the wealth of evidence that may be available to support their client’s claim. Because the trucking industry is highly regulated, there is a lot of evidence created that is not available in most car accidents. The lawyer must act quickly to send a spoliation letter to the trucking company or other liable party to preserve any evidence they have.
Examples that could play a role in a Lake Charles insurance claim or civil trial include:
- Truck logs showing when the driver last rested
- Data from the truck’s onboard computer
- Maintenance logs
- Post-accident drug and alcohol tests
- Any previous history of accidents
- Dashcam video, if the truck was equipped
- Information about the tractor, trailer, and cargo
In addition, there is other evidence available that the attorney will need to gather and analyze to build the strongest case possible. This is similar to the evidence that could play a role in proving any traffic accident case, such as:
- The crash report filed by police
- Eyewitness statements
- Video or photos of the collision
- A survey of the accident scene
- Accident reconstruction
- Relevant medical records
- Expert testimony
- Documentation of damages
Our team handles Lake Charles, LA, traffic accident claims from our Lafayette office. We provide free case reviews and work for our clients based on a contingency fee.
Who Is Liable for My Lake Charles Collision and Injuries?
In most car accidents, the driver who is careless or reckless behind the wheel and causes the crash is the sole party legally responsible for the damages that occur. In a trucking accident, however, the rules are different.
We generally file our Lake Charles truck accident lawsuits against not only an individual driver but also their employer. This is because under Louisiana law (CC Art. 2320), employers are vicariously liable for the actions of their workers in the vast majority of circumstances. This includes when the worker is a driver behind the wheel of a semi-truck.
Trucking companies and other large corporations often have larger liability policies than any individual trucker might carry. This can help when your injuries are severe and your losses are adding up quickly.
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What Is the Deadline to Sue the Liable Parties in Lake Charles?
Louisiana offers only a short time to develop a case, attempt to reach an out-of-court settlement and sue the liable parties if a settlement is not possible. We need to act quickly to help you. Under CC Art. 3492, we may have only one year from the date of the crash. In some situations, you could have even less time.
Personal Injury Claims Based on Truck Collisions
An individual who is injured in a truck accident due to another person’s negligence may be entitled to civil damages based on the specific losses they sustained. For example, if the injured individual had to undergo medical treatment for the injuries sustained in the truck accident, medical expenses may be recoverable. This could include a wide range of related expenses, as well. Ambulance transportation, rehabilitation, and future care needs are examples.
In some cases, the accident-related injury requires time in the hospital or attending appointments, or it causes pain or disability to the extent that an individual must take time off work. Lost wages may be documented and recovered in a personal injury claim. If the injuries are extensive enough to cause a lasting impairment, diminished earning capacity compensation may be available.
Property damages are also recoverable in a truck accident claim. You may be able to demand compensation to repair or replace your damaged or totaled vehicle.
Finally, damages for pain and suffering also may be a part of the personal injury claim. Although it is more difficult to place an objective monetary value on intangible emotional pain, it can be an important aspect of a personal injury claim. A dedicated attorney could help with collecting damages.
Talk to a Lake Charles Truck Accident Attorney
If another party’s negligence caused you to sustain injuries in a truck accident, you should not have to shoulder the burden of fighting for fair compensation alone. Whether your injury is minor or severe, a Lake Charles truck accident lawyer could help you seek financial restitution for your bills, pain, and all other damages you suffer.
Call today for a free consultation with an experienced personal injury attorney: (337) 777-7777.