The Federal Motor Carrier Safety Administration found that truck accidents resulting in injury increased by 13% from 2015 to 2019. Trucks can be more dangerous than cars due to their size and weight. This means that even low-impact accidents involving trucks can cause serious injuries.
Causes of Truck Accidents
Determining the cause of a truck accident is an important step in establishing negligence. A truck accident may be a result of driver fatigue. Truck drivers are often under a lot of pressure to work extra hours and cover more miles to bring their company more profits. This results in many truck drivers staying on the road for hours without rest.
Fatigue may cause the driver to fall asleep behind the wheel, which leads to collisions with other vehicles or objects. Speeding is another major cause of truck accidents. The size and weight of trucks make them more susceptible to accidents if the driver exceeds the speed limit.
Trucks accidents may also occur due to:
- Distracted driving
- Failure to follow traffic regulations
- Drunk driving
- Defective parts
- Poor weather conditions
Trucks are difficult to stop abruptly and have larger blind spots, making the likelihood of an accident higher. A truck accident lawyer will investigate the cause of the accident and collect evidence to help you make a claim against the liable party or parties.
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.
ClientAre Trucking Companies Liable After an Accident?
Trucking companies are often liable when their truck drivers cause an accident. The employers have vicarious liability, which means that you can file a personal injury lawsuit against them instead of their workers. But you still must establish negligence by the trucking company.
Trucking companies will often fight back any attempt by injured parties to get compensated. The companies are profit-driven, and they have a team of attorneys responsible for ensuring that you get as little as possible after a truck accident. Luckily, a truck accident lawyer serving the Port Barre area can help you negotiate with the trucking company or represent you in court.
The trucking company is often liable for truck accidents if it:
- Fails to properly maintain its vehicles
- Does not properly train their drivers
- Forces truck drivers to work more hours than allowed by the law
- Failing to follow the standard trucking industry regulations
- Poorly loads cargo onto the truck
A truck accident lawyer can use their knowledge from previous cases to ensure you win your claim against the trucking company. Trucking companies will often try to delay the litigation process for as long as possible. Having legal representation could be the difference in the time you have to wait to receive damages.
CC Art. 3492 in Louisiana grants you one year from the date of the accident to file a personal injury lawsuit. Without legal representation, you might miss this deadline, especially if your injuries make it impossible to begin the claims process immediately after 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 | ClientRecoverable Damages in a Personal Injury Claim After a Truck Accident
Recoverable damages after a truck accident are mainly for bodily injuries, which can often be fatal or catastrophic in nature. The National Safety Council estimates that trucks account for 10% of all fatal accidents. Medical records and expenses are the main factors in determining the value of bodily injuries.
It is important that you visit an emergency room immediately after a truck accident. The hospital will help you know if you sustained any internal injuries or if you require long-term treatment. You should be able to recover the cost of property damage after a truck accident.
The compensation should cover the cost of repairs or reimburse you for any amount spent on a car rental during the time your vehicle was in the auto shop. You can also make a claim for damages if you have lost a loved one in a truck accident. The value of a wrongful death claim is dependent on many factors such as the loss of consortium or loss of support.
Non-economic damages you can receive after a truck accident are for:
- Pain and suffering
- Psychological distress
- Reduced quality of life
- Loss of consortium
You can recover damages from the liable party or parties either through negotiation or in a personal injury lawsuit. A Port Barre truck accident lawyer can help you choose the best avenue to recover damages.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientHaving More Than One Party at Fault in a Truck Accident
A truck accident can have more than one at-fault party. If you are at fault for the accident, you can still recover damages. For instance, if you were not wearing a seat belt at the time of the accident, the liable party may argue that you are partly at fault. The state of Louisiana has comparative negligence laws that use the percentage of fault to apportion damages.
For instance, if the court determines that your percentage of fault is 20%, the damages you recover will reduce by 20%. You can also file a personal injury claim against more than one at-fault party. A Port Barre truck accident lawyer can determine the number of liable parties in the accident.
If the liable party is not insured, you can recover damages from your insurance company. A truck accident lawyer can help you file a claim against your insurance company and meet all the conditions necessary to get compensated.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientConsult a Truck Accident Lawyer Today
If you sustained injuries or suffered property damage in a truck accident, talk to a lawyer. Our Port Barre truck accident lawyers work on a contingency fee basis. This means that you do not have to pay any fees if we do not help you recover damages.
Contact us today to get a free consultation from Laborde Earles Injury Lawyers.
