You might be entitled to significant compensation if you were injured in a big rig truck accident. Collisions with large commercial trucks can be devastating and leave survivors with severe and life-altering injuries. Multiple factors can be at play in these cases, and these accidents occur for numerous reasons. Although the truck driver or trucking company is often at fault, other individuals or entities could have caused the accident or shared responsibility.
When truck accidents result from another’s negligence, those who sustain injuries can file a personal injury claim seeking damages to cover their physical, emotional, and financial losses. At Laborde Earles Injury Lawyers, our Morse big rig truck accident attorneys handle these complex and potentially catastrophic cases. A Morse big rig accident lawyer can help you in the fight to hold responsible parties financially accountable for your injuries, medical bills, and other adverse effects you’ve suffered.
How a Morse Big Rig Accident Lawyer Can Help You
Personal injury attorneys commonly handle accidents involving various motor vehicles. When representing an injured survivor, they are responsible for investigative, legal, and administrative actions required to pursue and prove a claim. These include, but are not limited to, the following:
- Investigating the accident and collecting evidence, including photos of the crime scene and injuries
- Obtaining police reports and copies of traffic citations, if any
- Interviewing and collecting statements from eyewitnesses
- Gathering medical records and other documents related to injuries
- Locating surveillance video of the accident, if any
- Retrieving the truck’s black box data and driver’s logs
- Identifying and calculating accident- and injury-related expenses and personal losses
- Negotiating with insurance companies and seeking to secure a fair settlement
- Filing a personal injury lawsuit to demand compensation
- Taking the case to trial and providing representation in court, if necessary
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Recovering Damages After a Morse Truck Accident
Many types of damages may be recoverable in a personal injury case. These include those evidenced by bills and receipts and those representing subjective, quality-of-life losses. Damages you could pursue and secure include the following and more:
- Medical bills, including emergency care, hospital stays, surgeries, follow-up doctor’s visits, therapies, prescription drugs, etc.
- Loss of wages due to taking unpaid leave from work during recovery
- Diminished earning capacity for future lost income due to long-term or physical impairments
- Physical pain and suffering
- Emotional trauma
- Long-term or permanent disability
- Scarring and disfigurement
- Loss of enjoyment and quality of life
Wrongful Death Claims
Per CC Art. § 2315.1, certain relatives could file a wrongful death lawsuit if they lost a family member due to negligence in a Morse big rig accident. These include spouses, children, parents, siblings, and grandparents by blood or adoption. Recoverable damages in these cases can consist of the following:
- Funeral, burial, or cremation expenses
- The decedent’s medical bills
- The decedent’s pain and suffering
- Loss of the decedent’s income and benefits
- Emotional anguish and grief
- Loss of the decedent’s love, guidance, and companionship
In Louisiana, the statute of limitations for personal injury and wrongful death lawsuits is one year from when the injury occurred or the decedent passed away, per CC Art. § 3492 and CC Art. § 2315.2.
Filing a lawsuit before this deadline is vital to retain your right to receive compensation. Some cases are eligible for an exception to this rule. You can speak with your Morse big rig injury attorney to see if you qualify.
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Demonstrating Negligence and Proving Liability in Big Rig Truck Accidents
Securing compensation in a personal injury or wrongful death claim involves establishing that the responsible party was negligent and should be held liable for damages. Proving negligence and liability is achieved by showing that the following four elements are true in your case:
- The party from which you seek damages owed a duty of care to act as another reasonable person would act under similar circumstances. For example, a truck driver would owe you a duty of care to operate their vehicle safely and adhere to traffic laws.
- The party violated or “breached” this duty of care by failing to fulfill their obligation to act with regard to your safety. A traffic citation or eyewitness statements could support this assertion.
- The party’s breach of duty proximately caused the accident and your injuries. In other words, these events would not have happened without their failure to exercise reasonable care.
- Your accident and injuries led to quantifiable physical, psychological, or personal damages. These are the losses you can pursue in a lawsuit.
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Understanding the Complexity of Morse, LA Big Rig Accidents
Big rig trucks can be more than ten times the size and weight of standard cars and trucks. As a result, when one of these massive vehicles is involved in an accident, the drivers and passengers of other vehicles in the collision are more likely to be catastrophically or fatally injured.
As individuals who use the road to travel to work or home, we expect drivers and the companies that employ them to give special consideration to the safety of others on the road. This means the trucks must be adequately maintained and repaired, and parties involved must actively look for potential dangers.
In addition, those who operate these trucks must be well-trained, safe, and conscientious while driving. Unfortunately, this is not always the case.
Common Responsible Parties in Morse Big Rig Accident Cases
Truck drivers are human, so they sometimes make mistakes. When this occurs, however, the results can be devastating. State and federal laws require drivers to abide by Federal Motor Carrier Safety Administration (FMCSA) hours of service and other regulations intended to promote safety on the road. Violating these laws, such as driving while fatigued, can easily result in a tragic accident.
A mechanical or system failure can occur if a trucking company fails to perform vehicle maintenance. This could cause the driver to lose control and slam into a much smaller car or truck. In addition, if a truck is loaded and balanced incorrectly, cargo can shift in the trailer and impair a driver’s ability to operate the vehicle safely. Severe accidents involving large commercial trucks include rollovers, jackknifes, and wide turns leading to collisions.
Occasionally, road and adverse weather conditions can factor into a truck accident. Local cities and municipalities may be held liable for hazards, such as poorly designed roadways, lack of construction zone signage, and road defects like large potholes, uneven pavement, and defective or inadequate lighting.
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Start Working With a Morse Big Rig Accident Lawyer Today
At Laborde Earles Injury Lawyers, we understand the grave consequences that can occur in the event of a collision with a commercial truck. Our Morse big rig accident attorneys can handle the complexities of these cases from beginning to end, allowing you time to recover with peace of mind. Contact us today for a free, no-obligation case review to learn more about your compensation options.
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