In many situations, truck accidents can be more serious than other vehicular accidents. Trucks and freight trailers are often much larger than the average passenger car, resulting in potentially more damaging injuries and property damage.
Anyone involved in such an accident in Louisiana may benefit from contacting a Marksville truck accident lawyer. Our skilled attorneys could review your personal injury case to see if you could collect damages from your accident. If so, they could outline your best possible legal options and help you decide how best to proceed.
Collecting Damages for Truck Accident Injuries
The size and weight of commercial trucks and their trailers make them especially dangerous on Louisiana roads. As a result, truck accident victims often experience severe life-altering injuries, including:
- Internal injuries and organ damage
- Head and face injuries
- Strains, sprains, and bruises
- Broken bones
- Severe brain trauma
- Amputated limbs and digits
- Spinal injury and paralysis
Someone injured in any of the aforementioned ways may be able to collect damages for injuries or property damage caused by the accident in question. For example, victims may be able to recover compensation for any of their out-of-pocket medical expenses, such as doctor’s visits. As injuries in truck accidents may last longer and require lifelong medical care, the severity of the accident will affect the number of damages you can collect.
Medical Bills
Serious injuries often result from truck collisions, such as traumatic brain injuries, concussions, internal organ damage, internal bleeding, and others. Extensive injuries such as these lead to high bills for emergency and ongoing medical care.
Healing from these injuries likely would require a great deal of recovery time, which could take weeks or months. In some cases, the injury victim could require medical equipment, such as a wheelchair, walker, or prosthetic. Long-term and in-home may also be necessary for victims of severe truck accident injury.
A truck accident lawyer will look at all of these factors when reviewing your accident and include all recoverable medical damages in your case.
Property Damage
Additionally, they could recover compensation for the repair costs to their vehicle. In some instances, due to the large size and weight of commercial trucks, an individual’s car is totaled beyond repair. In these cases, a plaintiff may be able to receive the fair market value of their car. A Marksville truck accident lawyer could provide additional guidance on the types of damages that an accident victim could collect in any given case.
Other monetary damages that injured parties could recover from a truck accident include:
- Lost wages from time missed at work
- Loss of future income
- Property damage
- Additional truck-related expenses
- Receipts, invoices, timesheets, or other documentation can prove all of the documentation listed above.
In addition to the above, your attorney may hire a financial expert to project your total income loss for the full length of your recovery. They can also estimate your potential loss of income if you are unable to return to your prior career.
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Non-Monetary Damages Are Recoverable, Too
Damages can also be non-monetary, which means that although they do not have a dollar value, they impact people’s lives significantly. A lawyer who handles truck accidents can help Marksville truck victims calculate these types of damages accurately. They include:
- Pain and suffering
- Mental anguish
- Emotional distress
- Disability, disfigurement
- Diminished quality of life
- Loss of life enjoyment
If you have other losses not listed above, you can discuss them during your free consultation with a team member. Once all damages have been reviewed, our lawyer can determine how much your truck accident case is worth. This is the amount we will pursue from the liable party.
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Filing a Claim Against Multiple Defendants
Truck accident victims may be able to file a lawsuit against multiple defendants, including the driver of the truck, the company that employed that driver, and the company responsible for truck maintenance. All these parties may be partially responsible for a truck accident, especially in accidents that result from more than one cause.
For example, a truck accident victim may be able to sue the truck driver if they were disobeying traffic rules or speeding. The accident may also have been caused or made worse by overloading and improper maintenance of the truck. In these situations, the accident victim may be able to sue the company that owns the truck, as well as the company responsible for maintaining the truck.
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We Can Help You Ensure You’ve Included All Responsible Parties in Your Marksville Collision Claim
There is no formula to determine who is responsible for a truck accident. In fact, in many cases, a series of mistakes or defects might be responsible for a collision with an 18-wheeler. No matter how many parties are potentially responsible, an Avoyelles Parish truck accident attorney has the power to file a lawsuit and seek compensation against all of them.
The Driver
In many cases, a truck accident will occur due to the negligence of the truck driver. A truck driver owes a duty to obey traffic laws, and a failure to do so may constitute negligence. Traveling at high speeds, failing to signal lane changes, and refusing to yield to oncoming traffic are all common negligent acts that can lead to a collision.
The Trucking Company
As the employer of the driver, the trucking company may also be at fault for an accident in some cases. If employees of the trucking company negligently loaded the trailer or failed to properly maintain the vehicle, for example, the company could be held responsible.
State or Local Governments
Some trucking accidents are due to problems with the highway itself. These errors can come from the design, construction, or maintenance of the highways. For example, road defects can include turns that are too tight or too steep. Damaged highways that were not repaired in a timely manner could also lead to accidents.
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We Can Help You Seek an Out-of-Court Settlement
Many truck accident claims conclude through a negotiated settlement between an injury victim and the insurance company for the responsible driver. These settlements can occur at any point in the case.
While some cases settle long before a lawsuit is ever filed, others are not resolved until the day of trial. Most insurance companies recognize the value of settling a case before it goes to trial. Rather than spending money on legal fees, they will often agree to a fair settlement before the trial.
When a case does not settle, it will ultimately be decided at trial. In most cases, that means a jury will determine who is responsible for the accident and if any compensation is necessary. A Marksville tractor-trailer accident attorney could provide valuable insight into whether a settlement offer is fair or if the case should proceed to court.
Don’t Accept a Lowball Settlement
When you have been in a truck accident, you may understandably want to put the whole matter behind you as quickly as possible. Settlement negotiations and a potential lawsuit may seem like a lot to deal with while you’re recovering from your injuries and trying to return to some semblance of normalcy. Knowing this, insurance companies often try to end cases quickly by offering a low settlement up front.
However, accepting this initial offer isn’t always in a claimant’s best interests. Once you accept a settlement from the insurance company, it comes with a release of liability that prevents you from seeking any additional damages. If your hospital bills, therapy, loss of income, and other damages end up exceeding the settlement amount, you are liable for the remaining costs.
To avoid losing the money that you will need for your recovery, you can work with a truck accident attorney who is familiar with insurance negotiations. A truck accident lawyer from our firm can assist you with the negotiation process and look out for your best interests.
Don’t Make an Official Statement
Even if the insurance adjuster seems to be empathetic, do not make an official statement or verbally agree to a settlement before you speak to your attorney. If you must make a statement for a police report, avoid speculating about the accident’s cause and stick to the facts.
In addition, any statements you make can be used to reduce the value of your claim, so do not post on social media or discuss the details of the accident with anyone, especially the other driver or their insurance company.
If you aren’t sure what to say in your official statement, our attorneys can help you prepare and ensure that your case remains protected. We will be able to guide you through the process and advocate for your legal right to fair compensation for your losses.
Don’t Wait Too Long
If you have been injured in a truck accident, you have a limited amount of time in which to file a lawsuit against the at-fault party under Louisiana CC Art. 3492. Your attorney will need the time to establish your claim, obtain evidence, and conduct negotiations before filing a lawsuit. Therefore, you should consider reaching out to our team as soon as possible after your accident.
A Marksville Truck Accident Attorney From Our Firm Is Available to Assist You Today
In many situations, truck accident victims may be able to recover damages to help pay any medical expenses, car repair costs, and other expenses and losses.
If you have been in a truck accident and need additional information on your legal options, contact the Marksville truck accident lawyers at Laborde Earles Injury Lawyers today for a free consultation. Our team is familiar with Louisiana truck accident laws and can advise you of the best possible legal options for your specific case.
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