Whether you can sue for a rear-end truck collision may depend on a few different factors, such as who was at fault and whether you suffered injuries or vehicle damage.
In general, if another vehicle struck the rear end of your vehicle, you may be able to file an insurance claim or lawsuit against the driver of the vehicle that struck you. If the driver was not at fault for the accident, another party may be liable. Our firm is available to answer any questions you have about your case.
Understanding When You Can Sue For A Rear-End Truck Collision
Truck drivers are sometimes contractors, meaning they are not employed by the companies for which they drive.
However, this does not mean the trucker cannot be held liable for damages if they hit you with their truck. You may generally seek compensation from a truck driver if:
The Truck Driver Was At Fault For Your Accident
In rear-end collisions, the rear driver is generally considered at fault.
Rear-end collision can result from driver error or recklessness, including:
- Reckless driving
- Texting while driving
- Driving under the influence of drugs or alcohol (DUI/DWI)
- Speeding
- Driving too fast for road conditions
- Driving too fast for weather conditions
- Talking on the phone while driving
- Eating or drinking while driving
- Driving an unsafe truck
In Louisiana, reckless driving is defined as operating the vehicle in a reckless or negligent manner, according to RS 14:99.
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If You Suffered Injuries Or Vehicle Damage In A Rear-End Truck Crash
If a truck driver rear-ended your car, and you suffered injuries as a result, or your vehicle suffered damage, you may file a claim for compensation.
All drivers in Louisiana are required to carry minimum liability coverage and bodily injury protection, per the Louisiana Department of Insurance (LDI). Truck drivers may be required to carry commercial insurance, and they may also be covered through their trucking company.
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Liability In A Rear-End Truck Collision
Liability in a rear-end truck collision may be complex, as multiple parties may be liable rather than just one party.
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Multiple Parties May Be Liable For Your Losses
Depending on whether a truck driver is a contracted worker or an employee of the trucking company, both the driver and the trucking company may be liable for your rear-end collision.
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Understanding Who Will Pay Damages After A Rear-End Truck Collison
Liability for your accident may depend on the specific details of your collision:
- If the truck driver is a contractor, the trucker’s insurance may cover your losses.
- If the truck driver is an employee, the trucker’s insurance may cover your losses, while the trucking company’s insurance may cover losses that the trucker’s policy does not.
Steps To Take To Sue For A Rear-End Collision
You may need to file a lawsuit to secure fair compensation for your losses. When you are ready to sue for a rear-end truck collision, you may:
Gather Medical Records, Bills, And Other Documentation
Should you decide to pursue a lawsuit or personal injury claim, you will need to submit the claim with all the proper documentation.
This could include:
- Medical records and bills
- Bills that show other damages, such as repairs for your vehicle
- A copy of the police report
- Statements from any witnesses to the collision
- Photos of the accident scene
File A Personal Injury Claim
Or let us file a personal injury claim for you. A personal injury claim precedes a lawsuit—if your claim does not reach a settlement, then you can pursue a lawsuit against the liable parties. A lawsuit may not even be necessary.
If you do not receive a settlement offer that works for you, a truck accident lawyer from our firm can take the next steps.
Recoverable Damages In A Rear-End Truck Accident Case
Our attorney will work to recover damages for all your losses. In truck accident cases, losses can be significant and may include:
- Vehicle repairs and temporary transportation: When a truck strikes your vehicle, the likelihood of damage may be higher than in other accident types. If your vehicle requires repairs or a complete replacement, we’ll seek compensation for the cost.
- Medical expenses: Your recoverable medical expenses may result from ambulance or helicopter transport, emergency care, medications, hospitalization, surgery, medical equipment, medical imaging, rehabilitation, and other healthcare services. While medical providers may be billing you or your insurer now, we may arrange for liable parties to cover these expenses.
- Professional damages: Injuries from a truck accident may cost you income, earning power, performance-linked bonuses, benefits, and professional status. We’ll calculate the total cost of such losses and include them in your lawsuit.
- Pain and suffering: Civil law in Louisiana allows you to seek coverage for pain and suffering. Mental anguish, emotional distress, injury pain, traumatic memories, lost quality of life, lost sleep, depression, anxiety, and post-traumatic stress disorder (PTSD) may all qualify as pain and suffering.
- Long-term or permanent disability: If your injuries result in long-term or permanent disability, we’ll seek appropriate coverage for disability-specific damages.
- Wrongful death: If you’ve lost a loved one because of a rear-end truck collision, justice is in order. While a financial recovery cannot bring back your loved one, you may get coverage for their funeral, lost financial support, and other damages.
When our firm accepts a truck accident case, we plan to win. We will determine the cost of your losses and then seek full financial recovery for you.
Consider Working With A Truck Accident Lawyer From Our Team
A lawyer from our firm can provide many benefits to you throughout the claim-filing process.
Some advantages of working with a truck accident lawyer include:
- Having someone to handle interactions and negotiations with the insurance companies
- Constant access to legal advice and support
- Staying updated on the progress of your injury claim
- Having legal knowledge and experience on your side
- Having a legal representative to protect your rights
How Exactly Will An Attorney Help With My Rear-End Truck Accident Case?
Our firm’s attorney will help with every aspect of your truck accident case. There are several steps that we may be especially useful for, including:
- Investigation of your accident: The investigation is a key piece of a truck accident case. Our team will pursue all useful evidence, interview witnesses, document your losses, and work to gain a full understanding of your accident.
- Dealing with the trucking company: We may need to deal with a trucking company multiple times during your case. These companies may have a goal that is directly opposed to ours, and yet we may need to get critical evidence from them. Having our firm handle these interactions may spare you from stonewalling, stress, and other unpleasant realities.
- Settlement negotiations: We may negotiate a settlement with an insurance company, trucking company, or other parties who owe you compensation. These negotiations may be high stakes, tense, and difficult. Our attorneys have ample experience negotiating in high-pressure situations, and we’ll settle for nothing less than you deserve.
If we need to take your case to trial, we will. Our firm is ready to lead your case from start to finish.
Learn More About When You Can Sue For A Rear-End Truck Collision
Suing for a rear-end truck collision may not be an easy task, which is why you may consider working with a truck accident lawyer from our firm.
At Laborde Earles Injury Lawyers, we have more than 250 years of combined legal experience and proven case results, including a $ 2.7 million settlement for an 18-wheeler accident victim.
Call us today for a free consultation about your rear-end truck collision.
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