If you were seriously injured in a motor vehicle accident involving a DHL truck, you may be eligible to receive financial compensation from the company. Going up against a big corporation and exercising your rights can seem like a daunting task. Regardless, if the company cut corners, was careless, or in some other way caused an accident that hurt you, they may be liable.
A DHL truck is a delivery truck, and there are many ways that delivery trucks put motorists, bikers, and pedestrians at serious risk. This can include everything from speeding to get the deliveries done to improper maintenance on their vehicles. It may be hard to know at this point exactly what caused the accident, but a Metairie DHL truck accident lawyer can help you put together a case.
Laborde Earles Injury Lawyers provides a free consultation for injury victims. This is a chance for you to explain what happened to a lawyer and receive feedback on your potential legal rights and whether you may be eligible for compensation. Call our office now at (504) 777-7777 for a free consultation.
How Truck Accidents Happen
A truck accident has some similarities to a regular passenger vehicle accident. But because trucks are often much larger and heavier, they can cause more serious injuries to those involved. Truck drivers also often have a different agenda behind the wheel compared to other drivers. With a demanding delivery schedule, most drivers are in a hurry to complete their deliveries by a certain time.
Some examples of how truck accidents can happen include:
- Driver fatigue
- Intoxicated or drugged driving
- Lack of driver training
- Distracted driving
- Trying to locate a delivery location
- Inclement weather
- Poorly maintained delivery trucks
- Delivery routes in busy areas like schools, hospitals, or university campuses
- Frequent stopping to make deliveries
- Not signaling when making a stop or merging
- Improperly loaded cargo
- Cargo falling out of the vehicle
- Failing to yield the right-of-way or obeying other traffic laws
If you think some other factor was at play in your accident, you can discuss it with Laborde Earles Injury Lawyers to see whether it may entitle you to compensation. Call our staff at (504) 777-7777 for a free consultation and to learn more about how a Metairie DHL truck accident lawyer from our firm can help you.
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.
ClientProve That DHL and Its Driver Are Liable for Your Injuries
If you pursue compensation against the DHL driver that caused your accident, you will need to prove certain things before you can be awarded compensation. Each of these elements is equally important and cannot be overlooked. You may have a claim against the DHL truck driver, as well as DHL itself, through a theory called vicarious liability. This theory holds employers liable for the careless and negligent acts that their employees commit during the course and scope of employment.
Here are the four elements you must prove to establish that someone was negligent:
Duty
First, you have to prove that the defendant owed you a duty to operate with reasonable care and skill. Applied to the driver, this means that the driver was paying attention, obeying traffic laws, and driving safely. The driver also has a duty to perform a basic inspection of their truck before starting their route each day to make sure it is in good working condition.
DHL also owes you a duty of care to keep its vehicles in good working condition and to hire drivers that are capable of handling the job safely and responsibly.
Breach
Second, you must show that the defendant did not act according to this duty. When it comes to the driver, this could be any of the examples provided above, like distracted or intoxicated driving.
For DHL, a breach could consist of poor hiring practices. If it did not conduct an appropriate background check before hiring a driver, it could put you at risk. If a driver has several driving infractions or lacks a valid driver’s license, for example, then DHL may be liable.
Causation
This element requires you to show that you probably would not have been harmed had the defendant(s) acted with appropriate care. If the defendant can show that you still would have been harmed even if they had done maintenance on the vehicle or not been distracted behind the wheel, for example, then they probably will not be required to pay you compensation.
Damages
The last element focuses on damages. Here, you are required to provide evidence of the expenses that you suffered as a direct and foreseeable result of the accident. Examples of damages that a truck accident victim often claims include:
- Emergency transportation
- Hospitalization bills
- Surgeries
- Doctor’s appointments
- Medications
- Physical therapy
- In-home assistance
- Lost earnings while recovering
- Permanent income losses due to permanent injuries
- Disfigurement, amputations, or other permanent disabilities
- Pain and suffering
A Metairie DHL truck accident lawyer can help you make sure that you have a complete list of the expenses that you suffered and will likely suffer in the future as a result of the accident.
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 | ClientHow a Lawyer Can Help you
If you are ready to pursue compensation, your lawyer can assist you with many key aspects of your claim. From answering daily emails and phone calls to ensuring that you file important documents with the court on time, your lawyer’s job is to protect your rights and represent your best interests at every step.
Under Louisiana law, for example, you only have two years to file your claim, or you waive your right to receive compensation, according to Louisiana Civil Code (CC) §3492. Your lawyer can help you make sure that you file your claim before this cut off if you decide to pursue compensation.
Other ways your lawyer can help include:
- Collecting evidence to support your claim
- Dealing with insurance companies
- Keeping a record of important documents in your case
- Appearing in court on your behalf
- Preparing you for court appearances and depositions
- Negotiating a settlement
- Preparing for a jury trial
Laborde Earles Injury Lawyers is available to discuss your DHL truck accident claim. We are happy to speak with you. Call us at (504) 777-7777 for your free consultation.
