According to RS Art. 22:1269, you may sue an at-fault party after a car accident in Lafayette, Louisiana. Suing the liable party by filing a personal injury lawsuit may allow you to recover the costs of treating your injuries, repairing or replacing your car, and recouping any related income loss.
While you can sue someone personally after a truck accident, that might not always be your best option. A truck accident lawyer can help you determine who is liable and your best route for financial recovery. A lawyer can also help you:
- Define the value of your case
- Identify the liable parties
- Understand Louisiana’s statute of limitations that sets a deadline on your case
- Handle your claim or personal injury lawsuit
Who Can a Victim Sue After a Truck Accident in Lafayette?
Before you and your legal team can pursue compensation for your collision injuries, you must accurately identify the liable party or parties. In truck accident cases, this is rarely straightforward. In most car crashes, the driver who acts negligently and causes the accident is liable. When it comes to truck accidents, though, the liable parties could include:
- The truck driver
- The driver’s employer, often a trucking company
- The company that built the truck
- The manufacturer of a defective part
- A company tasked with repairs
Imagine a truck driver failed to check the next lane before merging and hit your car. The driver would be at fault, and their employer would likely be vicariously liable. Vicarious liability almost always applies in these cases when the driver’s careless or reckless behavior caused the crash.
In some cases, the driver may not be responsible. For example, if faulty tires, brakes, windshield wipers, or lights were the cause of the collision, you might have a case against a parts manufacturer. However, the trucking company also shares responsibility if they knew there was a problem and did not take action.
To help identify the accident’s cause and the liable party, your legal team will rely on your crash report and other related data and evidence. They may also work with accident reconstruction specialists and other experts to help them understand and document what happened.
Determining the Monetary Value of Your Lafayette Truck Accident Case
By pursuing monetary compensation from the liable parties, you could recoup the costs and losses you incurred from the collision. CC Art. 2315 typically allows you to request compensation for the following economic damages:
- Current and future medical costs
- Current and future lost wages
- Property repair or replacement
- In-home medical and domestic aid
In addition to these economic damages, you may also seek non-economic damages. These may be more difficult to calculate on your own. They include intangible losses such as pain and suffering, emotional distress, physical disabilities, and disfigurements.
Your legal team will assist you in valuing your lawsuit and negotiating a favorable settlement with the trucking company and their insurance company, if possible. If necessary, they will file a suit in a Lafayette Parish civil court.
Your Crash Report Contains a Plethora of Important Information
Police and emergency medical assistance should be called to the scene of a truck accident immediately. You should also insist on filing an official crash report; it is likely mandatory. RS Art. 32:398 mandates the filing of a collision report if:
- Anyone is injured
- Any fatalities occur
- Damage is more than $500
Your legal team can use your crash report to glean important data such as:
- Contact information for the at-fault driver
- The identity of their employer
- Whether the driver received any citations
- The truck’s identifying information and its size and weight
- Information about any witnesses
- The investigative officer’s thoughts and observations
- Factors that may have contributed to the collision
If speeding, potential distractions, illegal driving maneuvers, drug or alcohol use, or any other driver errors contributed to the accident, they should be in your crash report. Obtain a copy for your records and one for your legal team as soon as it becomes available or allow your attorney to handle this process for you.
Comply with Louisiana’s Statute of Limitations on Injury Accident Civil Suits
The filing deadline for a Lafayette truck accident is usually one year from the crash date. CC Art. 3492 sets this deadline for filing a lawsuit against the liable party in most personal injury cases. Exceptions may exist.
When you hire a lawyer to help you seek financial compensation, the sooner you call them, the longer they have to prepare your case. Early involvement may allow your lawyer to:
- Ensure you meet all applicable deadlines
- Locate and interview witnesses while their recollections are fresh
- Preserve the evidence held by the trucking company or other potential defendants
- Prepare a supportive case file that substantiates your right to compensation
Early involvement can also give your lawyer time to conduct a thorough investigation and compile the evidence to prove the accident’s impact. They will use this proof to show the insurer and liable parties the damages you experienced. These careful calculations could help to ensure the insurance company does not try to undervalue or underpay your claim or lawsuit.
You Can Talk to Our Team About Your Truck Crash for Free Today
With the assistance and guidance of a truck accident lawyer, you may be able to file a personal injury lawsuit against the liable parties or their insurance company. Your lawyer can help you determine if you can sue someone personally after a truck accident and if you may have a case against any other parties, as well.
Contact the personal injury team at Laborde Earles Injury Lawyers’ Lafayette office now by calling (337) 777-7777. We will review your case for free, answer your questions, and give you the information you need to explore your options. We represent clients based on contingent fees.