Due to their massive size, weight, and height clearance, big rig accidents can lead to catastrophic injuries, extensive medical treatment, and tremendous financial losses. If you were in an auto accident involving one of these commercial trucks that was not your fault, you could be entitled to monetary compensation for your losses.
A Maxie big rig accident lawyer from Laborde Earles Injury Lawyers can help you pursue the compensation you deserve. We offer free, no-obligation consultations and can explain your legal rights and options and how we can help.
How a Maxie Big Rig Accident Attorney Can Help You Seek Compensation
By thoroughly investigating your truck accident, our Maxie big rig accident lawyers can determine the liable party or parties, identify your losses, and collect the evidence needed to substantiate your claim, such as the following:
- The police report and traffic citations, if any
- Surveillance footage of the accident, if available
- Forensic evidence, such as tire marks
- Eyewitness statements
- Testimony from expert witnesses, such as health specialists or accident reconstructionists
- Data from the truck’s black box and driver logs
- Medical records
For a free legal consultation with a big rig accident lawyer serving Maxie, call (337) 777-7777
Proving Negligence and Liability in a Maxie Big Rig Accident Case
Most personal injury cases are won by proving that one or more parties were negligent. Doing this requires demonstrating the following elements:
- Duty of Care: The liable party, such as the truck driver, owed you a duty to drive safely and with the same amount of care as any other reasonable person in a similar situation.
- Breach of Duty: The liable party failed to fulfill their duty by engaging in actions that harmed another, such as committing a traffic violation.
- Causation: The liable party’s breach was the proximate cause of your injuries.
- Damages: You suffered various losses that can be represented as damages in a personal injury claim.
In big rig accidents, the insurance provider representing the responsible party, such as the trucking company, is often responsible for compensating injury survivors. However, other parties may be at fault or share responsibility.
If you’ve already filed an insurance claim, we encourage you to talk to a big rig accident attorney in Maxie before you accept a settlement.
Maxie Big Rig Accident Lawyer Near Me (337) 777-7777
Recoverable Damages That May Be Available After a Maxie Truck Accident
Big rig truck accidents often result in significant financial burdens on an individual’s life. A truck accident survivor or their family may be left with ever-increasing medical expenses, financial hardship due to work leave, and other out-of-pocket costs.
Damages sought in a personal injury claim refer to the victim’s accident- and injury-related losses, such as the following:
Medical Expenses
You might be entitled to reimbursement for medical bills and future injury-related healthcare expenses, including EMT services, hospital bills, rehabilitation, surgeries, prescription medications, etc.
Loss of Wages
If you had to take leave from work, you could receive damages for lost wages. In addition, if you have a long-term disability, you could be paid for diminished earning capacity.
Pain and Suffering
Some recoverable damages aren’t based on specific financial losses. Instead, they are intended to compensate injured survivors for quality-of-life losses. They include personal losses, such as physical and mental suffering, emotional anguish, and loss of life enjoyment.
Wrongful Death Claims
Per CC Art. § 2315.2, the decedent’s surviving relatives, by blood or adoption, can file a wrongful death claim in the following order:
- Spouse
- Children
- Parents
- Siblings
- Grandparents
Damages can include funeral and burial expenses, lost income of the decedent, and the loss of their companionship and guidance.
You Have a Limited Time to File a Claim
Louisiana has a one-year statute of limitations for personal injury lawsuits, according to CC Art. §3492. Filing your claim within this deadline is vital, and a big rig accident lawyer in Maxie, LA can ensure you meet this deadline.
The big rig accident attorneys at Laborde Earles Injury Lawyers can help you identify all your losses for a personal injury or wrongful death claim and calculate the compensation you could pursue based on their worth.
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Liable Parties in Big Rig Accidents in Maxie, Louisiana
Fault is not always clear-cut in car and truck collisions. Different factors can contribute to these accidents, and more than one party may be liable for your losses. Potential at-fault parties include:
- The truck driver
- The trucking company or truck owner
- The company that maintained or repaired the truck
- The loading or shipping company that loaded the truck freight
- The company that manufactured the truck or defective truck parts
- The government entity responsible for road safety and posting warnings in the event of construction or hazardous conditions
Identifying the liable parties and obtaining evidence of that party’s negligence is critical to proving your claim. A Maxie, Louisiana big rig attorney from Laborde Earles Injury Lawyers is prepared to handle these tasks on your behalf.
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Causes of Big Rig Truck Accidents
Large commercial trucks, such as big rigs or semis, can weigh as much as 80,000 pounds when fully loaded. When these massive vehicles are involved in an auto accident, there can be catastrophic consequences.
The Federal Motor Carrier Safety Administration (FMCSA) and National Highway Traffic Safety Administration (NHTSA) found the top critical events and associated factors assigned to truck accidents included the following:
Critical Events
- Running out of the travel lane into another lane or off the road
- A truck causing a rear-end collision with another vehicle
- A truck losing control due to:
- Driving too fast for conditions/poor road conditions
- Cargo shifting
- Truck system failure
- Other reasons
Top Ten Associated Factors
- Brake problems
- Traffic flow interruption
- Prescription drug use
- Driving too fast for existing conditions
- Unfamiliarity with roadway
- Roadway problems
- Failure to stop
- Over-the-counter drug use
- Inadequate surveillance
- Driver fatigue
Driver fatigue is a significant problem due to long hours, inconsistent schedules, and pressure to meet deadlines. As a result, the FMCSA has hours of service rules regulating the consecutive hours drivers can work and how long they must rest in between. Drivers must also keep logs of their hours or use an electronic logging device.
Violation of these regulations by a truck driver or company resulting in an accident may be grounds for a lawsuit for losses related to property damage, personal injury, or wrongful death.
Contact Laborde Earles Injury Lawyers for Help After a Big Rig Truck Accident
If you or a loved one was involved in a truck accident, a Maxie big rig accident lawyer from Laborde Earles Injury Lawyers can help you. Contact us today for a free consultation. Our team is here to answer your questions and explain your options for filing a claim or lawsuit.
Call or text (337) 777-7777 or complete a Free Case Evaluation form
