You can sue someone personally after a truck accident. That said, you’ll need the help of an attorney to hold the correct person responsible for your injuries and losses. An attorney can determine if filing an insurance claim or a civil suit is your best option after a crash.
While you can sue someone personally after a truck accident, that might not always be your best option. A Lafayette truck accident lawyer can help you determine who is liable and your best route for financial recovery. Let’s take a closer look at suing someone after a truck crash and how an attorney can assist you.
Suing Someone Personally After a Truck Accident
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.
As mentioned above, hiring a skilled attorney is important when seeking compensation for a truck collision. Here’s what a lawyer can do to make your claim or civil suit as successful as possible:
- Determine if you can sue someone personally after a truck accident
- Define the value of your case
- Identify the liable parties
- Understand Louisiana’s statute of limitations that sets a deadline for your case
- Handle your claim or personal injury lawsuit
- Fight for the personal injury damages you deserve
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.
ClientWho Can a Victim Sue After a Truck Accident in Lafayette?
Before you and your legal team can sue someone personally for the truck accident, 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 identify 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. Ultimately, your attorney will strive to gather the evidence they need to sue the at-fault party personally for your truck 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 | ClientDetermining 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 help you file a truck accident lawsuit against someone personally.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientYour Crash Report Contains Important Information
If you’ve been involved in a truck crash, you should call police and emergency medical assistance to the scene of the accident immediately. You should also insist on filing an official crash report, as it is likely mandatory. RS Art. 32:398 mandates the filing of a collision report if:
- Anyone is injured
- Any fatalities occur
- The damage caused by the crash exceeds $500
Your legal team can use your crash report to gather 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, it will be reflected in your crash report. Your attorney can use the information from this report to determine if you can sue someone personally after a truck accident.
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.
ClientLouisiana’s Statute of Limitations for Truck Crash Lawsuits
If you need to sue someone personally after a truck accident, you must do so within Louisiana’s statute of limitations. Under CC Art. 3492, you have two years from the day of the collision to submit a civil suit against the at-fault party.
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 will 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
Getting the damages you need to recover from a truck crash can be a confusing and difficult process. Fortunately, a dedicated truck accident lawyer from Laborde Earles can help you get the compensation you need to put this accident and your injuries behind you.
Contact our lawyers today to schedule a free consultation with a lawyer from our firm. We’ll meet with you to discuss your collision, determine if you can sue someone personally after a truck accident, and help you take the first step toward a fair settlement or court-awarded payment.
