Thankfully, you have the legal right to make a case against the at-fault party (which could include the driver, their employer, and others) for compensation. The Port Barre big rig accident attorneys at Laborde Earles Injury Lawyers have handled many accident cases like yours and are ready to fight for you.
Proving Liability in a Port Barre Big Rig Accident
Big rig truck owners and their drivers can be held liable for causing accidents for the same reason as regular motorists: negligence. For instance, a big rig driver would be the negligent party in a collision if they texted while driving (also known as distracted driving).
Besides violating traffic laws, big rig truck owners and their drivers can also be found negligent for not complying with federal and state trucking laws. Here are some examples of scenarios that could prove their liability in a collision:
- They did not secure the cargo according to safety standards, resulting in the load falling off the truck and injuring others.
- The driver was allowed to drive while intoxicated due to their employer’s poor implementation of mandatory drug and alcohol testing policies.
- The driver violated their service hours or their employer ordered them to do so, risking exhaustion while at the wheel.
A Port Barre big rig accident attorney from our firm can fully investigate your accident to determine who is liable for the injuries and damages you suffered.
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.
ClientPursuing Damages After Your Big Rig Collision
Besides collecting evidence of the other side’s liability, our Port Barre big rig accident lawyers can compile documentation that proves you suffered during and after the collision. The documents we use to calculate your damages may include your accident-related bills, medical records, photographs of your car’s damage, and more.
Some common examples of recoverable damages are:
- Medical expenses, including hospitalizations, surgeries, emergency treatment, prescriptions, rehabilitation, and more
- Vehicle repair or replacement costs
- Lost income if you couldn’t work because of your injuries
- Lost earning potential if you can no longer return to your former job
- Pain and suffering caused by your injuries (such as chronic pain, emotional trauma, disability, or disfigurement)
Most accident victims seek damages by filing a liability insurance claim or a personal injury lawsuit. Our big rig accident lawyers can assess your situation to determine which option is better for you.
Filing a Liability Insurance Claim
Liability insurance is a type of coverage that compensates a victim’s expenses if the policyholder causes an accident due to negligence. You can typically file a liability claim with the trucking company or driver’s insurance provider. The insurance requirements set by the Federal Motor Carrier Safety Administration and Louisiana Revised Statutes Section 32:1503 state that big rig owners must have liability coverage to pay for accidents caused by their drivers while on duty.
If the big rig driver operates the vehicle outside of their scope of work, their own auto insurance policy applies. Regular motorists must also carry liability coverage in Louisiana, although the required minimum limits are smaller than for large commercial trucks.
When filing a third-party liability claim, always remember that the insurance provider is on their client’s side—not yours. They will likely try to minimize their client’s fault in the accident to reduce your damages or deny your claim altogether. Our big rig accident lawyers can negotiate with the insurance company to reach a settlement that compensates you fairly.
When to Consider Going to Court
Most accident cases settle without ever going to court. But sometimes, your Port Barre big rig accident lawyer may advise you to file a lawsuit, especially if your liability claim is unlikely to bring desirable results—for example, if the at-fault party’s liability coverage limits are not enough to repay you. If evidence shows that the driver caused the crash on purpose, their insurance provider might also reject your claim.
Going through a lawsuit can take more time, but the recovery amount is not restricted by insurance policy limits or rules as it would be in a claim. Because Port Barre is within their jurisdiction, a civil court in St. Landry Parish would decide the outcome of your case.
How Partial Fault Could Affect Your Big Rig Accident Settlement
Accident cases follow Louisiana’s comparative negligence laws, so the claims adjuster or the court could reduce your recoverable damages if you are partly liable for a big rig collision in Port Barre.
The amount of the reduction depends on your percentage of fault. For example, suppose the trucking company is 80 percent liable for overloading the big rig while you are 20 percent liable for speeding. In this situation, you can only recover 80 percent of the total settlement.
A big rig accident lawyer in Port Barre, LA can assess your case before filing to confirm if there’s enough evidence to sufficiently support you and minimize the damages you lose.
Always Comply with Filing Deadlines
A big rig accident attorney from our firm can also ensure that you meet all filing requirements, including the statute of limitations. Compliance is crucial, as your case will automatically get dismissed if you file too late.
According to CC Art. 3492, you generally have only one year from the accident date to file for damages. Therefore, speaking with an attorney sooner rather than later is a wise decision.
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 | ClientContact Our Port Barre Big Rig Accident Lawyers Today
Recovering damages after a big rig accident in Port Barre can be a complicated process, especially if there are multiple at-fault parties. The team at Laborde Earles Injury Lawyers is ready to speak with you and help resolve all your legal matters, so you can focus on healing. We have over 350 years of combined experience with injury cases throughout Louisiana, including large truck collisions.
Our Port Barre big rig accident lawyers can review your case and advise you on your best options for seeking compensation. To get started, contact us today for a free consultation.
