Establishing Truck Driver Negligence in an Accident
If a trucking accident caused your injuries, you can seek compensation. To win awards, the other party’s negligence must be established.
The specific evidence needed to establish negligence in a truck accident will depend on who or what is liable for your accident. An attorney familiar with truck accident cases from our firm may be able to use various documents, witnesses, information from your crash site, and more to prove another party is responsible for your financial losses.
Truck Accident Liable Parties
Truck accident negligence is a liability that can fall on multiple parties. Your accident could be the fault of the truck driver, the trucking company, the shipper and packer of the cargo, the truck owner, or the truck’s manufacturer.
More than one party may be liable. We can help you pursue compensation from every entity that contributed to your accident. Our attorneys can investigate your crash and determine the cause.
Once we identify the responsible parties, we can collect evidence and build a case to establish negligence. Evidence may include:
- Surveillance video
- Photographs
- Crash site reconstruction
- Medical records
- Truck maintenance records
- Eyewitness testimony
- The truck driver’s driving record
- Police reports
- Drug and alcohol test results
- The trucking company’s employment records
The Truck Driver
When large trucks and passenger vehicles collide, it is almost always those in the smaller vehicle who suffer the worst of the crash. According to the Insurance Institute for Highway Safety (IIHS), in 2019, 97% of fatalities in two-vehicle crashes involving a large truck were passenger vehicle occupants.
Truck drivers owe others on the road a duty of care. They must do everything they can to drive safely and avoid causing collisions. Examples of truck driver negligence include:
- Disobeying the speed limit or driving too fast for road or weather conditions
- Failing to maintain lane position
- Running stop lights and stop signs
- Failing to yield
- Driving drowsy or sleeping at the wheel
- Driving under the influence of alcohol or drugs
The Trucking Company
Trucking companies are responsible for the drivers they hire. They must make sure their employees have a clean driving record, do not use alcohol or drugs while on the job, and adhere to drive-time limits established by the Federal Motor Carrier Safety Administration (FMCSA).
Trucking companies must also meet safety equipment requirements, provide truck maintenance, ensure employees receive proper training, and adhere to FMCSA weight limits. If a trucking company failed to take these measures, we may be able to use it as proof of negligence.
Other Potentially Negligent Parties
In addition to truck driver negligence, the owner of the truck could be liable for your injuries if vehicle problems or a lack of maintenance led to your accident. However, keep in mind that sometimes trucking companies do not own the vehicles their drivers use.
Vehicle defects may also point to negligence on the part of the truck’s manufacturer or the maker of its parts. In this case, our attorneys can help you with a product liability lawsuit.
The company responsible for the truck’s cargo could also be liable. Shifting cargo is dangerous, as is cargo that exceeds weight limits or is not properly packed.
Once Negligence is Established, What Damages Can You Win?
If you can prove that another party is responsible for your truck accident, you can win financial awards. These awards may include:
- Medical care – such as the costs of emergency treatment, emergency transportation, physical therapy, hospital stays, surgeries, and more.
- Lost wages – including compensation for your back pay and awards for your loss of future earning potential.
- Vehicle damages – as well as the cost of any other personal property damaged during your crash.
- Pain and suffering damages – which may include compensation for depression, physical pain, anxiety, permanent injuries and/or disabilities, scarring, disfigurement, and mental anguish.
- Wrongful death – you can win compensation on behalf of a loved one who died from trucking accident injuries. You may also win awards for the loss of your family member’s services and financial support.
How Can an Attorney Help You Achieve a Damage Award?
In addition to establishing negligence, our accident lawyers can help you with every other aspect of your case. We can:
- File insurance claims on your behalf
- Build your case
- Communicate with the insurance companies
- Negotiate for a fair settlement
- Update you on the progress of your claim
- Assist with a lawsuit, if necessary
If you must go to civil court, you have two years to file a personal injury lawsuit per CC §3492. Per CC §2315.2, you also have two years to file a wrongful death accident.
Contact the Attorneys at Laborde Earles Injury Lawyers Today
If you are searching for a truck driver negligence accident lawyer, the personal injury attorneys at our firm have more than 350 years of combined legal experience. We have helped our clients achieve multimillion-dollar settlements, including millions for large truck accident victims.
Contact our office at (337) 777-7777 to speak to a member of our team about how we can serve you. We can get you started today with a free case evaluation.
